MR. LINCOLN'S PLAN
The close of the War of the Rebellion, in 1865, found the country confronted by a civil problem quite as grave as the contest of arms that had been composed. It was that of reconstruction, or the restoration of the States lately in revolt, to their constitutional relations to the union.
The country had just emerged from a gigantic struggle of physical force of four years duration between the two great Northern and Southern sections. That struggle had been from its inception to its close, a continuing exhibition, on both sides, of stubborn devotion to a cause, and its annals had been crowned with illustrations of the grandest race and personal courage the history of the world records. Out of a population of thirty million people, four million men were under arms, from first to last, and sums of money quite beyond the limit of ordinary comprehension, were expended in its prosecution. There was bloodshed without stint. Both sides to the conflict fought for an idea—on the one side for so-called State Rights and local self-government—on the other for national autonomy as the surest guaranty of all rights—personal, local, and general.
The institution of negro slavery, the basis of the productive industries of the States of the South, which had from the organization of the Government been a source of friction between the slave-holding and nonslave-holding sections, and was in fact the underlying and potent cause of the war, went under in the strife and was by national edict forever prohibited.
The struggle being ended by the exhaustion of the insurgents, two conspicuous problems demanding immediate solution were developed: The status of the now ex-slaves, or freedmen—and the methods to be adopted for the rehabilitation of the revolted States, including the status of the revolted States themselves. The sword had declared that they had no constitutional power to withdraw from the union, and the result demonstrated that they had not the physical power—and therefore that they were in the anomalous condition of States of though not States technically in the union—and hence properly subject to the jurisdiction of the General Government, and bound by its judgment in any measures to be instituted by it for their future restoration to their former condition of co-equal States.
The now ex-slaves had been liberated, not with the consent of their former owners, but by the power of the conqueror as a war measure, who not unnaturally insisted upon the right to declare absolutely the future status of these persons without consultation with or in any way by the intervention of their late owners. The majority of the gentlemen in Congress representing the Northern States demanded the instant and complete enfranchisement of these persons, as the natural and logical sequence of their enfreedment. The people of the late slave States, as was to have been foreseen, and not without reason, objected—especially where, as was the case in many localities, the late slaves largely out-numbered the people of the white race: and it is apparent from subsequent developments that they had the sympathy of President Lincoln, at least so far as to refuse his sanction to the earlier action of Congress relative to restoration.
To add to the gravity of the situation and of the problem of reconstruction, the people of the States lately in rebellion were disfranchised in a mass, regardless of the fact that many of them refused to sanction the rebellion only so far as was necessary to their personal safety.
It was insisted by the dominant element of the party in control of Congress, that these States were dead as political entities, having committed political suicide, and their people without rights or the protection of law, as malcontents.
It is of record that Mr. Lincoln objected to this doctrine, and to all propositions that contemplated the treatment of the late rebellious States simply as conquered provinces and their people as having forfeited all rights under a common government, and under the laws of Nations entitled to no concessions, or even to consideration, in any proposed measures of restoration. That he had no sympathy with that theory is evidenced by the plan of restoration he attempted to establish in Louisiana.
It was at this point that differences arose between Mr. Lincoln and his party in Congress, which became more or less acute prior to his death and continued between Congress and Mr. Johnson on his attempt to carry out Mr. Lincoln's plans for restoration.
The cessation of hostilities in the field thus developed a politico-economic problem which had never before confronted any nation in such magnitude and gravity. The situation was at once novel, unprecedented, and in more senses than one, alarming. Without its due and timely solution there was danger of still farther disturbance of a far different and more alarming character than that of arms but lately ceased; and of a vastly more insidious and dangerous complexion. The war had been fought in the open. The record of the more than two thousand field and naval engagements that had marked its progress and the march of the union armies to success, were heralded day by day to every household, and all could forecast its trend and its results. But the controversy now developed was insidious—its influences, its weapons, its designs, and its possible end, were in a measure hidden from the public—public opinion was divided, and its results, for good or ill, problematical. The wisest political sagacity and the broadest statesmanship possible were needed, and in their application no time was to be lost.
In his annual message to Congress, December 8th, 1863, Mr. Lincoln had to a considerable extent outlined his plan of Reconstruction; principally by a recital of what he had already done in that direction. That part of his message pertinent to this connection is reproduced here to illustrate the broad, humane, national and patriotic purpose that actuated him, quite as well as his lack of sympathy with the extreme partisan aims and methods that characterized the measures afterward adopted by Congress in opposition to his well-known wishes and views, and, also, as an important incident to the history of that controversy and of the time, and its bearing upon the frictions that followed between Congress and Mr. Lincoln's successor on that subject. Mr. Lincoln said:
When Congress assembled a year ago the war had already lasted twenty months, and there had been many conflicts on both land and sea, with varying results. The rebellion had been pressed back into reduced limits; yet the tone of public feeling and opinion, at home and abroad, was not satisfactory. With other signs, the popular elections, then just past, indicated uneasiness among ourselves, while, amid much that was cold and menacing, the kindest words coming from Europe were uttered in accents of pity that we were too blind to surrender a hopeless cause. Our commerce was suffering greatly by a few armed vessels built upon and furnished from foreign shores; and we were threatened with such additions from the same quarter as would sweep our trade from the sea and raise our blockade. We had failed to elicit from European Governments anything hopeful upon this subject. The preliminary Emancipation Proclamation, issued in September, was running its assigned period to the beginning of the new year. A month later that final proclamation came, including the announcement that colored men of suitable condition would be received into the army service. The policy of emancipation, and of employing black soldiers, gave to the future a new aspect, about which hope and fear and doubt contended in uncertain conflict. According to our political system, as a matter of civil administration, the General Government had no lawful power to effect emancipation in any State; and for a long time it had been hoped that the rebellion could be suppressed without resorting to it as a military measure. It was all the while deemed possible that the necessity for it might come, and that, if it should, the crisis of the contest would then be presented. It came, and, as was anticipated, was followed by dark and doubtful days. Eleven months have now passed, and we are permitted to take another review. The rebel borders are pressed still further back, and by the complete opening of the Mississippi the country dominated by the rebellion is divided into distinct parts, with no practical communication between them. Tennessee and Arkansas have been substantially cleared of insurgent control, and influential citizens in each, owners of slaves and advocates of slavery at the beginning of the rebellion, now declare openly for emancipation in their respective States. Of those States not included in the Emancipation Proclamation, Maryland and Missouri, neither of which three years ago would tolerate any restraint upon the extension of slavery into the new Territories, only dispute now as to the best mode of removing it within their own limits.
Of those who were slaves at the beginning of the rebellion, full one hundred thousand are now in the United States military service; about one half of which number actually bear arms in the ranks; thus giving the double advantage of taking so much labor from the insurgent cause, and supplying the places which must otherwise be filled with so many white men. So far as tested, it is difficult to say they are not as good soldiers as any. No servile insurrection, or tendency to violence or cruelty, has marked the measure of emancipation and arming the blacks. Those measures have been discussed in foreign countries, and contemporary with such discussion the tone of sentiment there is much improved. At home the same measures have been fully discussed, and supported, criticised, and denounced, and the annual elections following are highly encouraging to those whose official duty it is to bear the country through this great trial. Thus we have the new reckoning. The crisis which threatened to divide the friends of the union is past.
Looking now to the present, and future, and with reference to a resumption of national authority within the States wherein that authority has been suspended, I have thought fit to issue a Proclamation, a copy of which is herewith transmitted. On examination of this Proclamation it will appear, as is believed, that nothing is attempted beyond what is amply justified by the Constitution. True, the form of an oath is given, but no man is coerced to take it. The man is only promised a pardon in case he voluntarily takes the oath. The Constitution authorizes the Executive to grant or withhold the pardon at his own absolute discretion, and this includes the power to grant on terms, as is fully established by judicial and other authorities.
It is also proffered that, if in any of the States named a State Government shall be, in the mode prescribed, set up, such Government shall be recognized and guaranteed by the United States, and that under it the State shall, on the constitutional conditions, be protected against invasion and domestic violence. The constitutional obligation of the United States to guarantee to every State in the union a republican form of government, and to protect the State, in the cases stated, is explicit and full. But why tender the benefits of this provision only to a State Government set up in this particular way? This section contemplates a case wherein the element within a State favorable to a republican government, in the union, may be too feeble for an opposite and hostile external to or even within the State; and such are precisely the cases with which we are dealing.
Any attempt to guaranty and protect a revived State Government, constituted in whole, or in preponderating part, from the very element against whose hostility it is to be protected, is simply absurd. There must be a test by which to separate the opposing elements, so as to build only from the sound; and that test is a sufficiently liberal one which accepts as sound whoever will make a sworn recantation of his former unsoundness.
But if it be proper to require, as a test of admission to the political body, an oath of allegiance to the Constitution of the United States, and to the union under it, why also to the laws and Proclamation in regard to slavery? Those laws and Proclamations were enacted and put forth for the purpose of aiding in the suppression of the rebellion. To give them their fullest effect, there had to be a pledge—for their maintenance. In my judgment they have aided, and will further aid, the cause for which they were intended. To now abandon them would be not only to relinquish a lever of power, but would also be a cruel and an astounding breach of faith. I may add at this point, that while I remain in my present position, I shall not attempt to retract or modify the Emancipation Proclamation; nor shall I return to slavery any person who is free by the terms of the Proclamation, or by any of the acts of Congress. For these and other reasons it is thought best that support of these measures shall be included in the oath; and it is believed the Executive may lawfully claim it in return for pardon and restoration of forfeited rights, when he has clear constitutional power to withhold altogether or grant upon terms which he shall deem wisest for the public interest. It should be observed, also, that this part of the oath is subject to the modifying and abrogating power of legislation and supreme judicial decision.
The proposed acquiescence of the National Executive in any reasonable temporary State arrangement for the freed people is made with the view of possibly modifying the confusion and destitution which must, at best, attend all classes by a total revolution of labor throughout whole States. It is hoped that the already deeply afflicted people of those States may be somewhat more ready to give up the cause of their affliction, if, to this extent, this vital matter be left to themselves; while no power of the National Executive to prevent an abuse is abridged by the proposition.
The suggestion in the Proclamation as to maintaining the political frame-work of those States on what is called reconstruction, is made in the hope that it may do good without danger of harm. It will save labor and avoid great confusion.
But why any proclamation on this subject? This question is beset with the conflicting views that the step might be delayed too long or taken too soon. In some States the elements for resumption seem ready for action, but remain inactive apparently for want of a rallying point. Why shall A. adopt the plan of B., rather than B. that of A.? And if A. and B. should agree, how can they know but that the General Government here will reject their plan? By the Proclamation a plan is presented which may be accepted by them as a rallying point, and which they may be assured in advance will not be rejected here. This may bring them to act sooner than they otherwise would.
The objection to a premature presentation of a plan by the National Executive consists in the danger of committals on points which could be more safely left to further developments. Care has been taken to so shape the document as to avoid embarrassment from this source. Saying that, on certain terms, certain classes will be pardoned, with rights restored, it is not said that other classes on other terms will never be included. Saying that reconstruction will be accepted if presented in a specified way, it is not saying it will not be accepted in any other way.
The movements, by State action, for emancipation in several of the States not included in the Emancipation Proclamation, are matters of profound gratulation, and while I do not repeat in detail what I have heretofore so earnestly urged upon this subject, my general views and feelings remain unchanged, and I trust that Congress will omit no fair opportunity of aiding these important steps to a great consummation.
In the midst of other cares, however important, we must not lose sight of the fact that the war power is still our main reliance. To that power alone can we look, for a time, to give confidence to the people in the contested regions that the insurgent power will not again over-run them. Until that confidence shall be established, little can be done anywhere for what is called reconstruction. Hence our chiefest care must still be directed to the Army and Navy, who have thus far borne their hardest part nobly and well. And it may be esteemed fortunate that in giving the greatest efficiency to these indispensable arms, we do also honorably recognize the gallant men, from commander to sentinel, who compose them, to whom, more than to others, the world must stand indebted for the home of freedom disenthralled, regenerated, enlarged and perpetuated.
Abraham Lincoln. December 8, 1863.
The following is the Proclamation of Amnesty and Reconstruction referred to in the foregoing Message, and further illustrates Mr. Lincoln's plan for the restoration of the union:
PROCLAMATION OF AMNESTY AND RECONSTRUCTION. BY THE PRESIDENT ON THE UNITED STATES OF AMERICA.
Whereas, in and by the Constitution of the United States, it is provided that the President "shall have the power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment;" and
Whereas, a rebellion now exists whereby the loyal State governments of several States have for a long time been subverted, and many persons have committed, and are guilty of treason against the United States; and
Whereas, with reference to said rebellion and treason, laws have been enacted by Congress, declaring forfeitures and confiscations of property and liberation of slaves, all upon terms and conditions therein stated, and also declaring that the President was thereby authorized at any time thereafter, by proclamation, to extend to persons who may have participated in the existing rebellion, in any State or part thereof, pardon and amnesty, with such exceptions and at such times and on such conditions as he may deem expedient for the public welfare; and
Whereas, the Congressional declaration for limited and conditional pardon accords with well established judicial exposition of the pardoning power; and
Whereas, with reference to said rebellion, the President of the United States has issued several proclamations, with provisions in regard to the liberation of slaves; and
Whereas, it is now desired by some persons heretofore engaged in said rebellion to resume their allegiance to the United States, and to reinaugurate loyal State Governments within and for their respective States; therefore,
I, Abraham Lincoln, President of the United States, do proclaim, declare, and make known to all persons who have, directly or by implication, participated in the existing rebellion, except as hereinafter excepted, that a full pardon is hereby granted to them and each of them, with restoration of all rights of property, except as to slaves and in property cases where rights of third parties shall have intervened, and upon the condition that every such person shall take and subscribe an oath, and thenceforward keep and maintain said oath inviolate, and which oath shall be registered for permanent preservation, and shall be of the tenor and effect following, to-wit:
I, ___ __ ___, do solemnly swear, in presence of Almighty God, that I will henceforth faithfully support, protect, and defend the Constitution of the United States, and the union of the States thereunder; and that I will, in like manner, abide by and faithfully support all acts of Congress passed during the existing rebellion with reference to slaves, so long and so far as not repealed, modified or held void by Congress, or by the decision of the Supreme Court; and that I will, in like manner, abide by and faithfully support all proclamations of the President made during the existing rebellion having reference to slaves, so long and so far as not modified or declared void by decision of the Supreme Court. So help me God.
The persons exempted from the benefits of the foregoing provisions are all who are, or shall have been, civil or diplomatic officers or agents of the so-called Confederate Government: all who have left judicial stations under the United States to aid the rebellion; all who are or shall have been military or naval officers of said so-called Confederate Government above the rank of Colonel in the army or Lieutenant in the Navy; all who have left seats in the United States Congress to aid the rebellion; all who resigned commissions in the army or navy of the United States and afterward aided the rebellion; and all who have engaged in any way in treating colored persons, or white persons in charge of such, otherwise than lawfully as prisoners of war, and which persons may have been found in the United States service as soldiers, seamen, or in any capacity.
And I do further proclaim, declare, and make known that whenever, in any of the States of Arkansas, Texas, Louisiana, Mississippi, Tennessee, Alabama, Georgia, Florida, South Carolina and North Carolina, a number of persons, not less than one-tenth in number of the votes cast in such State at the Presidential election of the year of our Lord one thousand eight hundred and sixty, each having taken the oath aforesaid and not having since violated it, and being a qualified voter by the election laws of the State existing immediately before the so-called act of secession, and excluding all others, shall reestablish a State government which shall be republican, and in no wise contravening said oath, such shall be recognized as the true government of the State, and the State shall receive thereunder the benefits of the constitutional provision which declares that "the United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and, on the application of the legislature, or the executive (when the legislature cannot be convened) against domestic violence."
And I do further proclaim, declare, and make known, that any provision which may be adopted by such State government in relation to the freed people of such State, which shall recognize and declare their permanent freedom, provide for their education, and which may yet be consistent as a temporary arrangement with their present condition as a laboring, landless, and homeless class, will not be objected to by the National Executive.
And it is suggested as not improper that, in constructing a loyal State government in any State, the name of the State, the boundary, the subdivisions, the constitution, and the general code of laws, as before the rebellion, be maintained, subject only to the modifications made necessary by the conditions hereinbefore stated, and such others, if any, not contravening said conditions, and which may be deemed expedient by those framing the new State government.
To avoid misunderstanding, it may be proper to say, that whether members sent to Congress from any State shall be admitted to seats, constitutionally rests exclusively with the respective houses, and not to any extent with the Executive. And still further, that this proclamation is intended to present to the people of the States wherein the National authority has been suspended; and loyal State governments have been subverted, a mode in and by which the National authority and loyal State governments, may be re-established within said States, or, in any of them; and while the mode presented is the best the Executive can suggest, with his present impressions, it must not be understood that no other possible mode would be acceptable.
Given under my hand at the City of Washington, the eighth day of December, in the year of our Lord one thousand eight hundred and sixty-three, and of the Independence of the United States of America, the eighty-eighth.
[L. S.]
By the President: Abraham Lincoln. William H. Seward, Secretary of State.
How the revolted States could be most successfully and expeditiously restored to their constitutional relations to the union on the cessation of hostilities, was the momentous question of the hour, upon which there were views and schemes as varied and antagonistic as were the mental differences and political disagreements of those who felt called upon to engage in the stupendous work. As history had recorded no similar conditions, and therefore no demand for the solution of such a problem, there were no examples or historic lights for the guidance of those upon whom the task had fallen.
It is apparent that Mr. Lincoln maintained the indestructibility of the States and the indivisibility of the union—that the resolutions of secession were null and void, and that the States lately in rebellion were never in fact but only in theory out of the union—that they retained inherently, though now dormant, their State autonomy and constitutional rights as before their revolutionary acts, except as to slavery, and that all their people had to do, to re-establish their former status, as he declared to the Emperor of the French when that potentate was about to recognize the Confederacy, was to resume their duties as loyal, law-abiding citizens, and reorganize their State Governments on a basis of loyalty to the Constitution and the union. The terms he proposed to formally offer them were first illustrated in the case of Louisiana, early in 1863, and later in the foregoing Message and Proclamation; and clearly indicated what was to be his policy and process of reconstruction.
Messrs. Flanders and Hahn were admitted to the House of Representatives as members from Louisiana agreeably to the President's views thus outlined. They had been chosen at an election ordered by the Governor of the State (Gov. Shepley), who had undoubtedly been permitted, if not specially authorized by the President, to take this step, but they were the last to be received from Louisiana under Mr. Lincoln's plan, as the next Congress resolved to receive no more members from the seceded States till joint action by the two Houses therefor should be had.
Prior to the election at which these gentlemen were chosen, Mr. Lincoln addressed a characteristic note to Gov. Shepley, which was in effect a warning that Federal officials not citizens of Louisiana must not be chosen to represent the State in Congress, "We do not," said he, referring to the South, "particularly need members of Congress from those States to get along with legislation here. What we do want is the conclusive evidence that respectable citizens of Louisiana are willing to be members of Congress and to swear support to the Constitution, and that other respectable citizens are willing to vote for them and send them. To send a parcel of Northern men as Representatives, elected, as would be understood, (and perhaps really so) at the point of the bayonet, would be disgraceful and outrageous."
Mr. Lincoln would tolerate none of the "carpet-bagging" that afterwards became so conspicuous and offensive under the Congressional plan of Reconstruction.
These steps for reconstruction in Louisiana were followed by the assembling of a convention to frame a new constitution for that State. The convention was organized early in 1864, and its most important act was the prompt incorporation of an antislavery clause in its organic law. By a vote of 70 to 16 the convention declared slavery to be forever abolished in the State. The new Constitution was adopted by the people of the State on the 5th day of the ensuing September by a vote of 6,836 in its favor, to 1,566 against it. As the total vote of Louisiana in 1860 was 50,510, the new government had fulfilled the requirement of the President's Proclamation. It was sustained by more than the required one-tenth vote.
In a personal note of congratulation to Gov. Hahn, of Louisiana, the President, speaking of the coming convention, suggested that "some of the colored people be let in, as for instance, the very intelligent, and especially those who have fought gallantly in our ranks." "They would," said he, "probably help in some trying time in the future TO KEEP THE JEWEL OF LIBERTY IN THE FAMILY OF FREEDOM."
This action in regard to Louisiana was accompanied, indeed in some particulars preceded, by similar action in Arkansas. A Governor was elected, an anti-slavery Constitution adopted, a State Government duly installed, and Senators and Representatives in Congress elected, but were refused admission by Congress. Mr. Sumner, when the credentials of the Senators-elect were presented, foreshadowing the position to be taken by the Republican leaders, offered a resolution declaring that "a State pretending to secede from the union, and battling against the General Government to maintain that position, must be regarded as a rebel State subject to military occupation and without representation on this floor until it has been readmitted by a vote of both Houses of Congress; and the Senate will decline to receive any such application from any such rebel State until after such a vote by both Houses."
A few weeks later, on the 27th of June, 1864, this resolution was in effect reported back to the Senate by the Judiciary Committee, to which it had been referred, and adopted by a vote of 27 to 6. The same action was had in the House of Representatives on the application of the Representatives-elect from Arkansas for admission to that body.
This was practically the declaration of a rupture between the President and Congress on the question of Reconstruction. It was a rebuke to Mr. Lincoln for having presumed to treat the seceded States as still in any sense States of the union. It was in effect a declaration that those States had successfully seceded—that their elimination from the union was an accomplished fact—that the union of the States had been broken—and that the only method left for their return that would be considered by Congress was as conquered and outlying provinces, not even as Territories with the right of such to membership in the union; and should be governed accordingly until such time as Congress should see fit (IF EVER, to use the language of Mr. Stevens in the House) to devise and establish some form whereby they could be annexed to or re-incorporated into the union.
It was at this point—on the great question of Reconstruction, or more properly of Restoration—that the disagreements originated between the Executive and Congress which finally culminated in the impeachment of Mr. Lincoln's successor; and that condition of strained relations was measurably intensified when, on the following July 4th, a bill was passed by Congress making provision for the reorganization and admission of the revolted States on the extreme lines indicated by the above action of Congress and containing the very extraordinary provision that the President, AFTER OBTAINING THE CONSENT OF CONGRESS, shall recognize the State Government so established. That measure was still another and more marked rebuke by Congress to the President for having presumed to initiate a system of restoration without its consultation and advice. Naturally Mr. Lincoln was not in a mood to meekly accept the rebuke so marked and manifestly intended; and so the bill not having passed Congress till within the ten days preceding its adjournment allowed by the Constitution for its consideration by the President, and as it proposed to undo the work he had done, he failed to return it to Congress—"pocketed" it—and it therefore fell. He was not in a mood to accept a Congressional rebuke. He had given careful study to the duties, the responsibilities, and the limitations of the respective Departments of, the Government, and was not willing that his judgment should be revised, or his course censured, however indirectly, by any of its co-ordinate branches.
Four days after the session had closed, he issued a Proclamation in which he treated the bill merely as the expression of an opinion by Congress as to the best plan of Reconstruction—"which plan," he remarked, "it is now thought fit to lay before the people for their consideration."
He further stated in this Proclamation that he had already presented one plan of restoration, and that he was "unprepared by a formal approval of this bill to be inflexibly committed to any single plan of restoration, and was unprepared to declare that the free State Constitutions and Governments already adopted and installed in Louisiana and Arkansas, shall be set aside and held for naught, thereby repelling and discouraging the loyal citizens who have set up the same as to further effort, and unprepared to declare a constitutional competency in Congress to abolish slavery in the States, though sincerely hoping that a constitutional amendment abolishing slavery in all the States might be adopted."
While, with these objections, Mr. Lincoln could not approve the bill, he concluded his Proclamation with these words:
Nevertheless, I am fully satisfied with the plan of restoration contained in the bill as one very proper for the loyal people of any State choosing to adopt it, and I am and at all times shall be prepared to give Executive aid and assistance to any such people as soon as military resistance to the United States shall have been suppressed in any such State and the people thereof shall have sufficiently returned to their obedience to the Constitution and laws of the United States—in which Military Governors will be appointed with directions to proceed according to the bill.
It must be frankly admitted, says Mr. Blaine in reciting this record in his 'Thirty Years of Congress,' "that Mr. Lincoln's course was in some of its respects extraordinary. It met with almost unanimous dissent on the part of the Republican members, and violent criticism from the more radical members of both Houses. * * * Fortunately, the Senators and Representatives had returned to their States and Districts before the Reconstruction Proclamation was issued, and found the people united and enthusiastic in Mr. Lincoln's support."
In the last speech Mr. Lincoln ever made, (April 11th, 1865) referring to the twelve thousand men who had organized the Louisiana Government, (on the one-tenth basis) he said:
If we now reject and spurn them, we do our utmost to disorganize and disperse them. We say to the white man, you are worthless, or worse. We will neither help you or be helped by you. To the black man we say, 'this cup of liberty which these, your old masters hold to your lips, we will dash from you, and leave you to the chances of gathering the spilled and scattered contents IN SOME VAGUE AND UNDEFINED WHEN AND WHERE AND HOW.' If this course, discouraging and paralyzing to both white and black, has any tendency to bring Louisiana into proper practical relations with the union, I have so far been unable to perceive it. If, on the contrary, they reorganize and sustain the new Government of Louisiana, the converse of all this is made true. We encourage the hearts and nerve the arms of twelve thousand men to adhere to their work and argue for it, and proselyte for it, and fight for it, and grow it, and ripen it to a complete success. The colored man, too, in seeing all united for him, is inspired with vigilance and with energy and daring to the same end. Grant that he desires the elective franchise. HE WILL YET ATTAIN IT SOONER BY SAVING THE ALREADY ADVANCED STEPS TOWARD IT THAN BY RUNNING BACK OVER THEM. Concede that the new Government of Louisiana is only to what it should be as the egg to the fowl; we shall sooner have the fowl by hatching the egg than by smashing it.
It is manifest that Mr. Lincoln intuitively foresaw the danger of a great body of the people becoming accustomed to government by military power, and sought to end it by the speediest practicable means. As he expressed it, "We must begin and mould from disorganized and discordant elements: nor is it a small additional embarrassment that we, the loyal people, differ among ourselves as to the mode, manner, and measure of reconstruction."
Louisiana was wholly in possession of the union forces and under loyal influence in 1863, and in his judgment the time had come for reconstructive action in that state—not merely for the purpose of strengthening and crystallizing the union sentiment there, at a great gate-way of commerce, that would become a conspicuous object-lesson to foreign governments in behalf of more favorable influences abroad, but also to the encouragement of union men and the discouragement of the rebellion in all the other revolted States. He had fortified his own judgment, as he frankly declared, "by submitting the Louisiana plan in advance to every member of the Cabinet, and every member approved it."
The steps taken in Louisiana were to be but a beginning. The nature of subsequent proceedings on his part must be governed by the success of this—that under then existing conditions it was inexpedient, in view of further possible complications, to forecast further proceedings, and especially to attempt to establish, at the outset, and under the chaotic conditions of the time, a general system of reconstruction applicable to all the States and to varying conditions. So the beginning was made in Louisiana. It is manifest that the purpose of this immediate action was two-fold—not only to restore Louisiana to the union at the earliest practicable day—but also to so far establish a process of general restoration before Congress should reconvene at the coming December session, that there would be no sufficient occasion or excuse for interfering with his work by the application of the exasperating conditions that had been foreshadowed by that body.
On this point Mr. Welles, his Secretary of the Navy, testifies that at the close of a Cabinet meeting held immediately preceding Mr. Lincoln's death, "Mr. Stanton made some remarks on the general condition of affairs and the new phase and duties upon which we were about to enter. He alluded to the great solicitude which the President felt on this subject, his frequent recurrence to the necessity of establishing civil governments and preserving order in the rebel States. Like the rest of the Cabinet, doubtless, he had given this subject much consideration, and with a view of having something practical on which to base action, he had drawn up a rough plan or ordinance which he had handed to the President.
The President said he proposed to bring forward that subject, although he had not had time as yet to give much attention to the details of the paper which the Secretary of War had given him only the day before; but that it was substantially, in its general scope, the plan which we had sometimes talked over in Cabinet meetings. We should probably make some modifications, prescribe further details; there were some suggestions which he should wish to make, and he desired all to bring their minds to the question, for no greater or more important one could come before us, or any future Cabinet. He thought it providential that, this great rebellion was crushed just as Congress had adjourned, AND THERE WERE NONE OF THE DISTURBING ELEMENTS OF THAT BODY TO HINDER AND EMBARRASS US. If we were wise and discreet, we should reanimate, the States and get their governments in successful operation, with order prevailing and the union reestablished, BEFORE CONGRESS CAME TOGETHER IN DECEMBER. This he thought important. We could do better, accomplish more without than with them. There were men in Congress who, if their motives were good, were nevertheless impracticable, and who possessed feelings of hate and vindictiveness in which he did not sympathize and could not participate. Each House of Congress, he said, had the undoubted right to receive or reject members, the Executive had no control in this matter. But Congress had NOTHING TO DO WITH THE STATE GOVERNMENTS, which the President could recognize, and under existing laws treat as other States, give the same mail facilities, collect taxes, appoint judges, marshals, collectors, etc., subject, of course, to confirmation. There were men who objected to these views, BUT THEY WERE NOT HERE, AND WE MUST MAKE HASTE TO DO OUR DUTY BEFORE THEY CAME HERE.
The subjugated States were in a condition that could not be safely permitted to continue for any indefinite period. It would be inconsistent with the purpose of the war, incongruous to the American system and idea of government, and antagonistic to American political, or even commercial or social autonomy. Naturally upon Mr. Lincoln would fall largely the duty and responsibility of formulating and inaugurating some method of restoration. With the abolition of slavery, the most difficult of settlement of all the obstacles in the way of reconstruction had been removed. Naturally, too, during the later months of the war, when it became manifest that the end of the struggle was near, the question of reconstruction and the methods whereby it could be most naturally, speedily, and effectively accomplished, came uppermost in his mind. A humane, just man, and a sincere, broad-brained, patriot and far-seeing statesman, he instinctively rejected the many drastic schemes which filled a large portion of the public press of the North and afterwards characterized many of the suggestions of Congressional action. With him the prime purpose of the war was the preservation of the political, territorial and economic integrity of the Republic—in a word, to restore the union, without needless humiliation to the defeated party, or the imposition of unnecessarily rigorous terms which could but result in future frictions—without slavery—and yet with sufficient safeguards against future disloyal association of the sections; and that purpose had been approved by an overwhelming majority of the people in his re-election in 1864.
In these purposes and methods Mr. Lincoln appears to have had the active sympathy and co-operation of his entire Cabinet, more especially of Mr. Stanton, his Secretary of War. Indeed, Mr. Stanton is understood, from the record, to have been the joint author, with Mr. Lincoln, of the plan of reconstruction agreed upon at the later meetings of the Cabinet immediately prior to Mr. Lincoln's death. Mr. Stanton proposed to put it in the form of a military order—Mr. Lincoln made an Executive order. The plan was embodied in what afterwards became known as the "North Carolina Proclamation," determined upon by Mr. Lincoln at his last Cabinet meeting and promulgated by Mr. Johnson shortly after his accession to the Presidency as Mr. Lincoln's successor, and is inserted in a subsequent chapter.
Mr. Lincoln unquestionably comprehended the peculiar conditions under which the Republican party had come to the control of the legislative branch of the Government, and fully realized the incapacity of the dominant element in that control for the delicate work of restoration and reconstruction—leading a conquered and embittered people back peacefully and successfully, without unnecessary friction, into harmonious relations to the union.
No such responsibility, no such herculean task, had ever before, in the history of civilization, devolved upon any ruler or political party.
Mr. Lincoln seems to have realized the incapacity of party leaders brought to the surface by the tumult and demoralization of the time, whose only exploits and experiences were in the line of destruction and who must approach the task with divided counsel, to cope successfully with the delicate and responsible work of restoration the close of the war had made imperative. He comprehended the incongruities which characterized that great party better than its professed leaders, and foresaw the futility of any effort on its part, at that time and in its then temper, to the early establishment of any coherent or successful method of restoration. Hence, unquestionably, his prompt action in that behalf, and his failure to call the Congress into special session, to the end that there should be no time unnecessarily consumed and lost in the institution of some efficient form of civil government in the returning States—some form that would have the sanction of intelligent authority competent to restore and enforce public order, without the dangers of delay and consequent disorder that must result, and did afterwards result, from the protracted debates sure to follow and did follow the sudden precipitation of the questions of reconstruction and reconciliation upon a mass of Congressmen totally inexperienced in the anomalous conditions of that time, or in the methods most needed for their correction.
That Mr. Lincoln contemplated the ultimate and not remote enfranchisement of the late slaves, is manifest from his suggestion to Gov. Hahn, of Louisiana, hereinbefore quoted in connection with the then approaching Convention for the re-establishment of State Government there, and again still more manifest from his last public utterance on April 11, 1865, deprecating the rejection by Congress of his plan for the restoration of Louisiana, in which, he said, speaking of that action by Congress rejecting the Louisiana bill: "Grant that the colored male desires the elective franchise. He will attain it sooner by saving the already advanced steps towards it than by running back over them."
It is also apparent in the light of the succeeding history of that time and of that question, that if Mr. Lincoln's views had been seconded by Congress, the enfranchisement of the negro would have been, though delayed, as certain of accomplishment, and of a vastly higher and more satisfactory plane—and the country saved the years of friction and disgraceful public disorder that characterized the enforcement of the Congressional plan afterwards adopted.
As to the success of Mr. Lincoln's plans, had they been sanctioned, or even had they not been repudiated by Congress, Mr. Blaine, in his book, asserts that Mr. Lincoln, "By his four years of considerate and successful administration, by his patient and positive trust in the ultimate triumph of the union, realized at last as he stood upon the edge of the grave—he had acquired so complete an ascendancy over the public, control in the loyal states, that ANY POLICY MATURED AND ANNOUNCED BY HIM WOULD HAVE BEEN ACCEPTED BY A VAST MAJORITY OF HIS COUNTRYMEN."
It was indicative of the sagacious foresight of Mr. Lincoln that he did not call the Congress into special session at the close of the war, as would have been natural and usual, before attempting the establishment of any method for the restoration of the revolted States. The fact that he did not do so, but was making preparations to proceed immediately in that work on his own lines and in accordance with his own ideas, and with the hearty accord of his entire Cabinet, of itself affords proof that he was apprehensive of obstruction from the same element of his party that subsequently arose in opposition to Mr. Johnson on that question, and that he preferred to put his plans into operation before the assembling of Congress in the next regular winter session, in order that he might be able then to show palpable results, and induce Congress to accept and follow up a humane, peaceful and satisfactory system of reconstruction. Mr. Lincoln undoubtedly hoped thus to avoid unnecessary friction. Having the quite unlimited confidence of the great mass of the people of the country, of both parties and on both sides of the line of hostilities, there seem to be excellent reasons for believing that he would have succeeded, and that the extraordinary and exasperating differences and local turmoils that followed the drastic measures which were afterward adopted by Congress over the President's vetoes, would have been in a very large degree avoided, and THERE WOULD HAVE BEEN NO IMPEACHMENT—either of Mr. Lincoln had he lived, or of Mr. Johnson after him.
It was the misfortune of the time, and of the occasion, which determined Mr. Lincoln to institute a plan of restoration during the interim of Congress, that the Republican party, then in absolute control of Congress, was in no sense equipped for such a work. Its first and great mission had been the destruction of slavery. Though not phrased in formal fashion, that was the logic of its creation and existence. It was brought into being purely as an anti-slavery party, illustrated in the fact that its membership included every pronounced anti-slavery man, known as abolitionists, in the United States. All its energies, during all its life up to the close of the war had been bent to that end. It had been born and bred to the work of destruction. It came to destroy slavery, and its forces had been nurtured, to the last day of the war, in pulling down—in fact, did not then wholly cease.
The work of restoration—the rebuilding of fallen States—had now come. The Republican party approached that work in the hot blood of war and the elation of victory—a condition illy fitting the demands of exalted statesmanship so essential to perfect political effort.
Never had nation or party thrust upon it a more delicate duty or graver responsibility. It was that of leading a conquered people to build a new civilization wholly different from the one in ruins. It was first to reconcile two races totally different from each other, so far as possible to move in harmony in supplanting servile by free labor, and the slave by a free American citizen. The transition was sudden, and the elements antagonistic in race, culture, self-governing power—indeed, in all the qualities which characterize a free people.
There was a wide margin for honest differences between statesmen of experience. A universal sentiment could not obtain. The accepted political leaders of the time were illy equipped to meet the issue—much less those who had been brought to prominence, and too often to control, in the hot blood of war and the frictions of the time, when intemperate denunciation and a free use of the epithets of "rebel," and "traitor," had become a ready passport to public honors. It was a time when the admonition to make haste slowly was of profound significance. A peril greater than any other the civil war had developed, overhung the nation. Greater than ever the demand for courage in conciliation—for divesting the issues of all mere partyism, and the yielding of something by the extremes, both of conservatism and radicalism.
LINCOLN AND JOHNSON NOT NOMINATED AS REPUBLICANS.
Mr. Lincoln had been elected President in 1860, distinctively as a Republican. In 1864, however, the conditions had changed. The war had been in progress some three years, during which the insurgents had illustrated a measure of courage, endurance, and a command of the engineries of successful warfare that had not been anticipated by the people of the North. It was seen that to insure the success of the union cause it was imperative that there should be thorough unity and cooperation of the loyal people of all parties—that it was no time for partisan division among those who hoped ever to see a restored Republic—that it was necessary to lay aside, as far as possible, mere partisan issues, and to unite, in the then approaching campaign, upon a non-partisan, distinctively union ticket and platform.
Mr. Lincoln had given so satisfactory an administration so wisely, efficiently, and patriotically had he conducted his great office, that he was on all sides conceded to be the proper person for nomination and election. The Convention of 1861 was not called as a Republican Convention, but distinctively as a union Convention.
The undersigned, so ran the call, "who by original appointment, or subsequent delegation to fill vacancies, constitute the Executive Committee created by the National Convention held at Chicago on the 10th day of May, 1860, do hereby call upon all QUALIFIED VOTERS WHO DESIRE THE UNCONDITIONAL MAINTENANCE OF THE union, THE SUPREMACY OF THE CONSTITUTION, AND THE COMPLETE SUPPRESSION OF THE EXISTING REBELLION, WITH THE CAUSE THEREOF, by vigorous war, and all apt and effective means; to send delegates to a convention to assemble at Baltimore, on Tuesday, the 7th day of June, 1864, at 12 o'clock noon, for the purpose of presenting candidates for the offices of President and Vice President of the United States."
The delegates met pursuant to this call. Hon. Edwin D. Morgan, of New York, Chairman of the union National Committee, called the Convention to order, and Robert J. Breckinridge, of Kentucky, was chosen temporary Chairman. In the course of his introductory address, Mr. Breckinridge said:
Passing over many things which it would be right for me to say, did the time serve, and were this the occasion—let me add,—you are a union party. Your origin has been referred to as having occurred eight years ago. In one sense it is true. But you are far older than that. I see before me not only primitive Republicans and primitive Abolitionists, but I see also primitive Democrats and primitive Whigs. * * * As a union party I will follow you to the ends of the earth, and to the gates of death. But as an Abolition party—as a Republican party—as a Whig party—as a Democratic party—as an American party, I will not follow you one foot.
Mr. William Dennison, of Ohio, was chosen President of the Convention. On taking the chair he said:
'In no sense do we meet as members or representatives of either of the old political parties which bound the people, or as the champions of any principle or doctrine peculiar to either. The extraordinary condition of the country since the outbreak of the rebellion has, from necessity, taken from the issues of these parties their practical significance, and compelled the formation of substantially new political organizations; hence the organization of the union Party—if party it can be called—of which this Convention is for the purpose of its assembling, the accredited representative, and the only test of membership in which is an unreserved, unconditional loyalty to the Government and the union.'
After perfecting its organization the Convention proceeded to ballot for a nominee for the Presidency, and Mr. Lincoln was unanimously nominated—the Missouri delegation at first casting its 22 votes for Gen. Grant, but afterwards changing them to Mr. Lincoln, giving him the total vote of the Convention—506—on the first and only ballot.
Nominations for the Vice Presidency being next in order, Mr. Lyman Tremaine, of New York, an old time Democrat, nominated Daniel S. Dickinson, another old time Democrat and a very distinguished citizen of that State. In his nominating speech Mr. Tremaine again emphasized that this Convention was a union, and not a partisan body, in these words:
'It was well said by the temporary and by the permanent Chairman, that we meet not here as Republicans. If we do, I have no place in this Convention; but, like Daniel S. Dickinson, when the first gun was fired on Sumter, I felt that I should prove false to my revolutionary ancestry if I could have hesitated to cast partisan ties to the breeze, and rally around the flag of the union for the preservation of the Government.'
The Indiana delegation nominated Andrew Johnson, also a Democrat, and the nomination was seconded by Mr. Stone, speaking for the Iowa delegation.
In the earlier proceedings of the Convention there had seemed a disposition to exclude the Tennessee delegation, and Parson Brownlow, an old line Whig, being called on for a speech, evidenced in the course of his remarks the small part which partisan considerations were permitted to play in the purposes and proceedings of the Convention. He said:
'There need be no detaining this Convention for two days in discussions of various kinds, and the idea I suggest to you as an inducement not to exclude our delegation is, that we may take it into our heads, before the thing is over, to present a candidate from that State in rebellion, for the second office in the gift of the people. We have a man down there whom it has been my good luck and bad fortune to fight untiringly and perseveringly for the past twenty-five years—Andrew Johnson. For the first time, in the Providence of God, three years ago we got together on the same platform, and we are fighting the devil, Tom Walker, and Jeff. Davis, side by side.'
Mr. Horace Maynard, a conspicuous Republican of Tennessee, said:
'Mr. President, we but represent the sentiment of those who sent here the delegation from Tennessee, when we announce that if no one else had made the nomination of Andrew Johnson, which is now before the Convention, it would have been our duty to make it by one of our own delegation. That citizen, known, honored, distinguished, has been presented to this Convention for the second place in the gift of the American people. It needs not that I should add words of commendation of him here. From the time he rose in the Senate of the United States, where he then was, on the 17th day of December, 1860, and met the leaders of treason face to face, and denounced them there, and declared that the laws of the country must and should be enforced, for which he was hanged in a effigy in the City of Memphis, in his own State, by the hands of a negro slave, and burned in effigy, I know not in how many places throughout that portion of the country—from that time, on during the residue of that session of the Senate until he returned to Tennessee after the firing upon Fort Sumter, when he was mobbed in the City of Lynchburg, Virginia—on through the memorable canvass that followed in Tennessee, till he passed through Cumberland Gap on his way North to invoke the aid of the Government for his people—his position of determined and undying hostility to this rebellion that now ravages the land, has been so well known that it is a part of the household knowledge of many loyal families in the country. * * * When he sees your resolutions that you have adopted here by acclamation, he will respond to them as his sentiments, and I pledge myself by all that I have to pledge before such an assemblage as this, that whether he be elected to this high place, or whether he retire to private life, he will adhere to those sentiments, and to the doctrine of those resolutions, as long as his reason remains unimpaired, and as long as breath is given him by his God.
Two ballots were taken on the nomination for Vice President. Mr. Johnson, whose nomination was known to be desired by Mr. Lincoln and his friends because of his prominence as a Southern Democrat and an influential supporter of the union cause in his State, received 200 votes on the first ballot, and 404 on the second—the delegations of Maine, New Hampshire, Vermont, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Louisiana, Arkansas, Missouri, Tennessee, Ohio, Indiana, Illinois, Michigan, Iowa, Minnesota, Oregon, West Virginia, Kansas, Nebraska, Colorado, and Nevada, voting solidly for him—Massachusetts, Rhode Island, Kentucky, Wisconsin and Minnesota, only, being divided.
Thus a Republican and a Democrat were made the nominees of the Convention, and its non-partisan character found further expression in the first three Resolutions of the Platform adopted, which were as follows:
Resolved, 1st. That it is the highest duty of every American citizen to maintain against all their enemies the integrity of the union and the paramount authority of the Constitution and laws of the United States; and that laying aside ALL DIFFERENCES OF POLITICAL OPINION, we pledge ourselves as union men, animated by a common sentiment and aiming at a common object, to do everything in our power to aid the Government in quelling by force of arms the rebellion now raging against its authority, and in bringing to the punishment due to their crimes the rebels and traitors arrayed against it.
2nd. That we approve the determination of the Government of the United States not to compromise with Rebels, or to offer them any terms of peace, except such as may be based upon an unconditional surrender of their hostility and a return to their just allegiance to the Constitution and laws of the United States, and that we call upon the Government to maintain their position, and to prosecute the war with the utmost possible vigor to the complete suppression of the Rebellion, in full reliance upon the self-sacrificing patriotism, the heroic valor and the undying devotion of the American people to their country and its free institutions.
3rd. That as slavery was the cause, and now constitutes the strength, of this Rebellion, and as it must be, always and everywhere, hostile to the principles of Republican Government, justice and the National safety demand its utter and complete extirpation from the soil of the Republic; and that, while we uphold and maintain the acts and proclamation by which the Government in its own defense, has aimed a death blow at this gigantic evil, we are in favor, furthermore, of such an amendment to the Constitution, to be made by the people in conformity with its provisions, as shall terminate and forever prohibit the existence of slavery within the limits or jurisdiction of the United States.
So there seems to be good ground for saying that this was in no sense a partisan Convention, but, on the contrary, that it was a Convention of the loyal people of the Northern and Border States, of all parties, who were ready to lay aside party creeds and partisan considerations, the better to make common cause for the preservation of the union.
Before the war, Mr. Johnson had been a Democratic Senator from Tennessee, and during the war, a gentleman of great influence in support of the union cause. So pronounced and effective had been his loyalty that Mr. Lincoln appointed him a Brigadier General and Military Governor of Tennessee, to accept which he resigned his seat in the Senate, and so judicious and successful had been his administration of that office in behalf of the union cause and of union men, that Tennessee was the first of the revolted States to be readmitted to representation in Congress after the close of the war.
So it may be said of Mr. Johnson that he was a persistent and consistent union Democrat of the old school—for war so long as war might be necessary to the preservation of the union—for peace when the war was ended by the abandonment of the struggle by the insurgents—and for the restoration of the union on terms consistent with then existing conditions—without slavery, which was dead—and the return of the people of the South to their loyalty to and support of the Government without debasing exactions—after they had laid down their arms. Aggressively radical so long as the people of the South continued in rebellion, he was considerate and merciful so soon as they yielded themselves to the authority of law and of the union.
Like Mr. Lincoln, he opposed the idea strenuously advanced by Sumner, and Stevens, and that wing of the Republican party which they led, that the States in rebellion had committed suicide and were therefore dead and without rights, or entitled to consideration, even, in any proposition that might be adopted for their rehabilitation.
This record very effectually disposes of the criticisms of Mr. Johnson's course, so common after he came to the Presidency and growing out of his disagreements with the extremists of Congress, that he had deserted and betrayed the Republican party after it had elected him to the Vice Presidency and thus made him Mr. Lincoln's immediate successor—the facts of history showing that neither Mr. Lincoln nor Mr. Johnson were elected by the Republican party as Republicans, nor by the Democratic party as Democrats, but by a union of all parties of the North distinctively as a union party and on a union ticket and platform for the preservation of the union and the destruction of slavery—and when those purposes were accomplished, the war ended and the union party disbanded and was never heard of again. Mr. Lincoln, had he lived, would doubtless have still been a Republican, as Mr. Johnson was still a Democrat, as before the war—the purpose of that war and of the Convention that nominated him having been accomplished—and under no obligations, especially of a partisan character, to adopt or promote the partisan purposes relative to reconstruction or otherwise, that came to actuate the Republican party.
As stated. Mr..Johnson had, during the later years of the war, been acting as Military Governor of Tennessee, of which State he had been a citizen nearly all his life. His administration had been so efficient that Tennessee was practically restored to the union at the close of the War, and so satisfactory to the loyal people of the country, that though an old line Democrat and a Southern man, Mr. Johnson's nomination by the National Convention for Vice President on the ticket with Mr. Lincoln for President, was, as has been shown, logical and consistent. Though a pronounced State Rights Democrat and a citizen of a Southern State in rebellion, he regarded himself as a citizen of the United States, to which he owed his first allegiance. State Rights meant to him, the rights of the States IN the union, and not OUT of the union.
In evidence of the confidence and esteem in which Mr. Johnson was generally held by those who knew him and knew of the valuable services he had rendered the cause of the union, the following letter from Mr. Stanton, then secretary of War under Mr. Lincoln, is here reproduced. It was written to Mr. Johnson on his tender to the War Office of his resignation of the Military Governorship of Tennessee to accept the office of Vice President of the United States:
War Department, Washington, March 3, 1865.
Sir:—This Department has accepted your resignation as Brigadier General and Military Governor of Tennessee. Permit me on this occasion to tender to you the sincere thanks of this Department for your patriotic and able services during the eventful period through which you have exercised the highest trust committed to your charge. In one of the darkest hours of the great struggle for National existence, against rebellious foes, the Government called you from the comparatively safe and easy duties of civil life to place you in front of the enemy and in a position of personal toil and danger, perhaps more hazardous than was encountered by any citizen or military officer of the United States. With patriotic promptness you assumed the post, and maintained it under circumstances of unparalleled trial, until recent events have brought safety and deliverance to your State and to the integrity of the Constitutional union, for which you so long and so gallantly periled all that is dear to man on earth. That you may be spared to enjoy the new honors and perform the high duties to which you have been called by the people of the United States, is the sincere wish of one who in every official and personal relation has found you worthy of the confidence of the Government and the honor and esteem of your fellow citizens.
Your obedient servant,
Edwin M. Stanton.
His Excellency, Andrew Johnson, Vice-President elect.
THE RECONSTRUCTION ERA.
Mr. Johnson succeeded to the Presidential office on the death of Mr. Lincoln, April 15th, 1865. The conditions of the time were extraordinary. The war, so far as operations in the field were concerned, was at an end. The armies of the rebellion had been vanquished and practically disbanded. The States lately in revolt were prostrate at the feet of the conqueror, powerless for further resistance. But the general rejoicing over the happy termination of the strife had been inexpressibly saddened by the brutal assassination of the President who had so wisely and successfully conducted his great office and administered all its powers to the attainment of that happy result, and it was not unnatural or strange that the shocking event should greatly re-inflame the passions of the strife that the joys of peace had at last well nigh laid.
It was an especial misfortune that he who had so wisely and safely conducted the Nation through the conflict of arms and had foreshadowed his beneficent measures of peace and the restoration of the shattered Republic, was taken away as he and the Nation stood at last at the open door of successful rehabilitation on a broader and grander basis than had ever been reached in all previous efforts of man at Nation building. From day to day he had watched, with his hand on the key-board, the development and trend of events. They had resulted as he had planned, and he had become the most conspicuous, the best loved, and the most masterful of living man in the control of the future. In his death the union lost its most sagacious and best trusted leader, and, the South its ablest, truest, and wisest friend.
It was under these circumstances that Mr. Johnson came to the Presidency as Mr. Lincoln's successor—without a moment of warning or an hour of preparation for the discharge of the crushing responsibilities that had so suddenly fallen to his direction.
Actuated, doubtless, and not unnaturally, by feelings of resentment over the manner and circumstances of Mr. Lincoln's death, Mr. Johnson at first gave expression to a spirit of hostility toward the leaders of the rebellion, and foreshadowed a somewhat rigorous policy in his methods of Reconstruction in accordance with the views of the leaders of the Republican party in Congress who had differed with Mr. Lincoln on that subject; but later on, under the advice of his Cabinet—notably, it is understood, of Mr. Seward—and under the responsibility of action—his views became modified, till in time, it is not impossible, but by no means certain, that he went even beyond the humane, natural and logical views and purposes of Mr. Lincoln in that regard.
This did not comport with the purposes of the Congressional faction that had opposed Mr. Lincoln's plans, which faction, under the pressure of the general indignation over his murder, quickly rose to the absolute control of Congress. Mr. Lincoln no longer stood in their way, and Mr. Johnson was then comparatively unknown to the great mass of the dominant party, and therefore at a corresponding disadvantage in the controversy. He had risen step by step to his new position from the humblest walks of Southern life, and each succeeding step to advancement had been made through personal conflicts such as few men in public life in this or any other country had ever borne. It was not unnatural, therefore, that he should have faith in himself, and in the superiority of his judgment, or little in that of others—and more especially when he was approached by those who had opposed Mr. Lincoln's plans in an attitude of dictation, and with suggestions and unsought advice as to the course he should pursue in the then absorbing question of the restoration of the States lately in rebellion—himself a citizen of one of those States, and for the preservation of which, as a State in the union, he had staked his life.
As with Mr. Lincoln, so with Mr. Johnson—the first thing to be done, or sought, was the restoration of the union by the return of the States in rebellion to their allegiance to the Constitution and laws of the country. Mr. Lincoln, to use one of his characteristic Western phrases, had "blazed the way," and Mr. Johnson took up that trail. A few weeks after his inauguration he issued a Proclamation outlining a plan for the reorganization of the State of North Carolina. That paper was confessedly designed as a general plan and basis for Executive action in the restoration of all the seceded States. Mr. Lincoln had, of course, foreseen that that subject would come up very shortly, in the then condition of affairs in the South, and it had therefore been considered in his later Cabinet meetings, as stated, more especially at the meeting immediately preceding his death, and a plan very similar to that afterwards determined upon by Mr. Johnson, if not identically so, was at that meeting finally adopted. That plan was set out in the North Carolina Proclamation, the essential features and general character of which became so conspicuous a factor in the subsequent controversies between the President and Congress. It was as follows:
Whereas: The Fourth Section of the Fourth Article of the Constitution of the United States declares that the United States shall guarantee to every State in the union a Republican form of Government, and shall protect each of them against invasion and domestic violence; and whereas, the President of the United States is, by the Constitution, made Commander-in-Chief of the Army and Navy, as well as chief civil executive officer of the United States, and is bound by solemn oath faithfully to execute the office of President of the United States, and to take care that the laws be faithfully executed; and whereas, the rebellion which has been waged by a portion of the people of the United States against the properly constituted authority of the Government thereof in the most violent and revolting form, but whose organized and armed forces have now been almost entirely overcome has, in its revolutionary progress, deprived the people of the State of North Carolina of all civil government: and whereas, it becomes necessary and proper to carry out and enforce the obligations of the United States to the people of North Carolina in securing them it, the enjoyment of a republican form of Government:
Now, therefore, in obedience to the high and solemn duties imposed upon me by the Constitution of the United States, and for the purpose of enabling the loyal people of said State to organize a State Government; whereby justice may be established, domestic tranquility insured, I, Andrew Johnson, President of the United States and Commander-in-Chief of the Army and Navy of the United States, do hereby appoint William W. Holden Provisional Governor of the State of North Carolina, whose duty it shall be, at the earliest practicable period, to prescribe such rules and regulations as may be necessary and proper for convening it Convention, composed of delegates to be chosen by that portion of the people of the said State who are loyal all to the United States and no others, for the purpose of altering or amending the Constitution thereof; and with authority to exercise, within the limits of said State, all the powers necessary and proper to enable such loyal people of the State of North Carolina to restore said State to its constitutional relations to the Federal Government, and to present such a republican form of State Government as will entitle the said State to the guarantee of the United States therefor, and its people to protection by the United States against invasion, insurrection and domestic violence: PROVIDED, that in any election that may be hereafter held for choosing delegates to any State Convention as aforesaid, no person shall be qualified as an elector, or shall be eligible as a member of such Convention, unless he shall have previously taken and subscribed to the oath of amnesty, as set forth in the President's Proclamation of May 29th, A. D. 1865, and is a voter qualified as prescribed by the Constitution and laws of the State of North Carolina in force immediately before the 20th of May, A. D. 1861, the date of the so-called ordinance of secession; and the said Convention, when convened, or the legislature that may be thereafter assembled, will prescribe the qualifications of electors, and the eligibility of persons to hold office under the Constitution and laws of the State—a power the people of the several States comprising the Federal union have rightfully exercised from the origin of the Government to the present time. And I do hereby direct:
First—That the Military Commander of the Department, and all officers in the Military and Naval service, aid and assist the said Provisional Governor in carrying into effect this Proclamation, and they are enjoined to abstain from, in any way, hindering, impeding, or discouraging the loyal people from the organization of a State Government as herein authorized.
Second—That the Secretary of State proceed to put in force all laws of the United States, the administration whereof belongs to the State Department, applicable to the geographical limits aforesaid.
Third—That the Secretary of the Treasury proceed to nominate for appointment assessors of taxes, and collectors of customs and revenue, and such other officers of the Treasury Department as are authorized by law, and put in execution the revenue laws of the United States within the provisional limits aforesaid. In making appointments, the preference shall be given to qualified loyal persons residing in the districts where their respective duties are to be performed. But if suitable residents of the district shall not be found, then persons residing in other States or districts shall be appointed.
Fourth—That the Postmaster General proceed to establish postoffices and post routes, and put into execution the postal laws of the United States within the said State, giving to loyal residents the preference of appointments: but if suitable residents are not found, then to appoint agents, etc., from other States.
Fifth—That District Judges for the judicial districts in which North Carolina is included, proceed to hold courts within said State, in accordance with the provisions of the Act of Congress. The Attorney General will instruct the proper officers to libel, and bring to judgment, confiscation and sale, property subject to confiscation, and enforce the administration of justice within said State in all matters within the cognizance and jurisdiction of the Federal Courts.
Sixth—That the Secretary of the Navy take possession of all public property belonging to the Navy Department within said geographical limits, and put in operation all Acts of Congress in relation to naval affairs having application to said State.
Seventh—That the Secretary of the Interior put in force all laws relating to the Interior Department applicable to the geographical limits aforesaid.
In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.
Done at the City of Washington, this 29th day of May, in the year, of our Lord 1865, and of the Independence of the United States the 89th.
By the President: Andrew Johnson. William H. Seward. Secretary of State.
North Carolina was the first of the revolted States to which this identical plan of reconstruction, or reorganization, was applied by Mr. Johnson. Its application to the several States then lately in revolt, was continued till the meeting of Congress in the following December, 1865.
On this matter Mr. Johnson, himself, testifies in his communication to the Senate in 1867, relating to the removal of Mr. Stanton, that "This grave subject (Reconstruction) had engaged the attention of Mr. Lincoln in the last days of his life, and the plan according to which it was to be managed had been prepared and was ready for adoption. A leading feature of that plan was that it was to be carried out by Executive authority. * * * The first business, transacted in the Cabinet after I became President was this unfinished business of my predecessor. A plan or scheme of reconstruction had been prepared for Mr. Lincoln by Mr. Stanton. It was approved, and at the earliest moment practicable was applied, in the form of a proclamation, to the State of North Carolina, and afterwards became the basis of action in turn for the other States."
Mr. Stanton also testified before the House Impeachment Committee of 1867, that he had "entertained no doubt of the authority of the President to take measures for the reorganization of the rebel States on the plan proposed, during the vacation of Congress, and agreed in the plan specified in the proclamation in the case of North Carolina."
In the first attempt to impeach the President, in 1867, Mr. Johnson's method of Reconstruction was the most conspicuous feature of the prosecution. It was insisted by the extremists that it was a departure from Mr. Lincoln's plan—an unwarranted assumption of authority by Mr. Johnson—that its purpose was the recognition of the people of the South as American citizens with the rights of such, and even as an act not far removed from treason. In reference to this action of the President, General Grant was called before the Committee and testified as follows:
Question: I wish to know whether, at or about the time of the war being ended, you advised the President that it was, in your judgment, best to extend a liberal policy towards the people of the South, and to restore as speedily as possible the fraternal relations that existed prior to the war between the sections?
Answer: I know that immediately after the close of the rebellion there was a very fine feeling manifested in the South, and I thought we ought to take advantage of it as soon as possible.
Ques. I understood you to say that Mr. Lincoln had inaugurated a policy intended to restore these governments?
Ans. Yes Sir.
Ques. You were present when the subject was brought before the Cabinet?
Ans. I was present, I think, twice before the assassination of Mr. Lincoln, when a plan was read.
Ques. I want to know whether the plan adopted by Mr. Johnson was substantially the plan which had been inaugurated by Mr. Lincoln as the basis for his future action.
Ans. Yes sir: substantially. I do not know but that it was verbatim the same.
Ques. I suppose the very paper of Mr. Lincoln was the one acted on?
Ans. I should think so. I think that the very paper which I heard read twice while Mr. Lincoln was President, was the one which was carried right through.
Ques. What paper was that?
Ans. The North Carolina Proclamation.
In additional testimony that Mr. Johnson was endeavoring to carry out Mr. Lincoln's methods of reconstruction, the following extracts from a speech by Gov. O. P. Morton, of Indiana, delivered at Richmond, that State, Sept. 29th, 1865, are here inserted:
An impression has gotten abroad in the North that Mr. Johnson has devised some new policy by which improper facilities are granted for the restoration of the rebel States, and that he is presenting improperly and unnecessarily hurrying forward the work of reconstruction, and that he is offering improper facilities for restoring those who have been engaged in the rebellion to the possession of their civil and political rights.
It is one of my purposes here this evening to show that so far as his policy of amnesty and reconstruction is concerned, he has absolutely presented nothing new, but that he has simply presented, and is simply continuing THE POLICY WHICH MR. LINCOLN PRESENTED TO THE NATION ON THE 8TH OF DECEMBER, 1863. Mr. Johnson's policy differs from Mr. Lincoln's in some restrictions it contains, which Mr. Lincoln's did not contain. His plan of reconstruction is absolutely and simply that of Mr. Lincoln, nothing more or less, with one difference only, that Mr. Lincoln required that one-tenth of the people of the disloyal States should be willing to embrace his plan of reconstruction, whereas Mr. Johnson says nothing about the number; but, so far as it has been acted upon yet, it has been done by a number much greater than one-tenth. * * * Their plans of amnesty and reconstruction cannot be distinguished from each other except in the particulars already mentioned, that Mr. Johnson proposed to restrict certain persons from taking the oath, unless they have a special pardon from him, whom Mr. Lincoln permitted to come forward and take the oath without it. * * * That was Mr. Lincoln's policy at the time he was nominated for re-election by the union Convention at Baltimore, last summer; and in that convention the party sustained him and strongly endorsed his whole policy, of which this was a prominent part. MR. LINCOLN WAS TRIUMPHANTLY AND OVERWHELMINGLY RE-ELECTED UPON THAT POLICY.
In his last annual message to Congress, December, 1864, he again brings forward this same policy of his, and presents it to the Nation.
Again, on the 12th of April, 1865, only two days before his death, he referred to and presented this policy of amnesty and reconstruction. That speech may be called his last speech, his dying words to his people. It was after Richmond had been evacuated. It was the day after they had received the news of Lee's surrender. Washington City was illuminated. A large crowd came in front of the White House and Mr. Lincoln spoke to them from one of the windows. He referred to the organization of Louisiana under his plan of amnesty and reconstruction, and in speaking of it he gave the history of his policy. He said:
In my annual message of December, 1863, and accompanying the Proclamation, I presented a plan of reconstruction, as the phrase goes, which I promised if adopted by any State, would be acceptable and sustained by the Executive Government of this Nation. I distinctively stated that this was a plan which might possibly be acceptable, and also distinctively protested that the Executive claimed no right to say when or whether members should be admitted to seats in Congress from such States.
The new constitution of Louisiana, (said Mr. Lincoln) declaring emancipation for the whole State, practically applies the Proclamation to that part previously exempted. It does not adopt apprenticeship for freed people, and is silent, as it could not well be otherwise, about the admission of members to Congress. As it applied to Louisiana, every member of the Cabinet approved the plan of the message. * * * Now, we find Mr. Lincoln, just before his death; referring in warm and strong terms to his policy of amnesty and reconstruction, and giving it his endorsement; giving to the world that which had never been given before—the history of that plan and policy—stating that it had been presented and endorsed by every member of that able and distinguished Cabinet of 1863. Mr. Lincoln may be said to have died holding out to the Nation his policy of amnesty and reconstruction. It was held out by him at the very time the rebels laid down their arms. Mr. Lincoln died by the hand of an assassin and Mr. Johnson came into power. He took Mr. Lincoln's Cabinet as he had left it and he took Mr. Lincoln's policy of amnesty and reconstruction as he had left it, and as he had presented it to the world only two days before his death. MR. JOHNSON HAS HONESTLY AND FAITHFULLY ATTEMPTED TO ADMINISTER THAT POLICY, which had been bequeathed by that man around whose grave a whole world has gathered as mourners. I refer to these for the purpose of showing that Mr. Johnson's policy is not a new one, but that he is simply carrying out a policy left to him by his lamented predecessor—a policy that had been ENDORSED BY THE WHOLE NATION IN THE REELECTION OF MR. LINCOLN.
Again Gov. Morton said:
An impression has gotten abroad in the North that Mr. Johnson has devised some new policy by which improper facilities are granted for the restoration of the rebel States and that he is presenting improperly and unnecessarily hurrying forward the work of reconstruction, and that he is offering improper facilities for restoring those who have been engaged in rebellion, to the possession of their civil and political rights. It is one of my purposes here this evening to show that so far as his policy of amnesty and reconstruction is concerned, he has absolutely presented nothing new, that he has simply presented, and is SIMPLY CONTINUING THE POLICY WHICH MR. LINCOLN PRESENTED TO THE NATION ON THE 8TH OF DECEMBER, 1863.
The following are extracts from Mr. Johnson's Message to Congress, in December, 1865, on the re-assembling of that body—the first session of the 39th Congress. Indicating, as it did, a policy of reconstruction at variance with the views of the Congressional leaders, it may be said to have been another incident out of which arose the conditions that finally, led to his impeachment. Mr. Johnson said:
I found the States suffering from the effects of a civil war. Resistance to the General Government appeared to have exhausted itself. The United States had recovered possession of its forts and arsenals, and their armies were in the occupation of every State which had attempted to secede. Whether the territory within the limits of those States should be held as conquered territory, under Military authority emanating from the President as head of the Army, was the first question that presented itself for decision. Military Governments, established for an indefinite period, would have offered no security for the early suppression of discontent; would have divided the people into the vanquishers and the vanquished; and would have envenomed hatred rather than have restored affection. Once established, no precise limit to their continuance was conceivable. They would have occasioned an incalculable and exhausting expense. * * * The powers of patronage and rule which would have been exercised, under the President, over a vast and populous and naturally wealthy region, are greater than, under a less extreme necessity, I should be willing to entrust to any one man. They are such as, for myself, I should never, unless on occasion of great emergency, consent to exercise. The wilful use of such powers, if continued through a period of years, would have endangered the purity of the General Administration and the liberty of the States which remained loyal. * * * The policy of military rule over conquered territory would have implied that the States whose inhabitants may have taken part in the rebellion had, by the act of those inhabitants, ceased to exist. But the true theory is, that ALL PRETENDED ACTS OF SECESSION WERE, FROM THE BEGINNING, NULL AND VOID. THE STATES CAN NOT COMMIT TREASON, nor screen the individual citizens who may have committed treason, any more than they can make valid treaties, or engage in lawful commerce with any foreign power. The States attempting to secede placed themselves in a condition where their vitality was IMPAIRED, BUT NOT EXTINGUISHED—THEIR FUNCTIONS SUSPENDED, BUT NOT DESTROYED.
Reports had been circulated in the North, and found ready credence with a great many, that the people of the South were as a rule, insubordinate and indisposed to accept the changed conditions there, and that insubordination and turmoil were the rule. To ascertain the facts in this regard, during the later months of 1865 Mr. Johnson commissioned General Grant and others to make a tour of inspection and investigation of the condition of affairs in the Southern States, especially as to their disposition with reference to the acceptance by the people of those States, of their changed relations to the union, and to report to him the results of their observations.
On the 10th of December, 1865, on motion of Mr. Cowan, of Pennsylvania, the following resolution was adopted by the Senate:
Resolved, That the President of the United States be, and he is hereby requested to furnish the Senate information of the state of that portion of the union lately in rebellion; whether the rebellion has been suppressed and the United States put again in possession of the States in which it existed; whether the United States courts are restored, post offices re-established and the revenue collected; and also whether the people of those States have reorganized their State governments, and whether they are yielding obedience to the laws and Government of the United States. And at the same time furnish to the Senate copies of such reports as he may have received from such officers or agents appointed to visit that portion of the union.
December 19th, 1865, in response to this resolution of the Senate, the President transmitted the following Message to the Senate inclosing Gen. Grant's Report:
In reply to the resolution adopted by the Senate on the 12th inst., I have the honor to state that the rebellion waged by a portion of the people against the properly constituted authorities of the Government of the United States has been suppressed; that the United States are in possession of every State in which the insurrection existed; and that, as far as could be done, the courts of the United States have been restored, postoffices re-established, and steps taken to put into effective operation the revenue laws of the country. As the result of the measures instituted by the Executive, with the view of inducing a resumption of the functions of the States comprehended in the inquiry of the Senate, the people in North Carolina, South Carolina, Georgia, Alabama, Mississippi, Louisiana, Arkansas, and Tennessee, have reorganized their respective State Governments, and 'are yielding their obedience to the laws and Government of the United States' with more willingness and greater promptitude than under the circumstances could reasonably have been anticipated. The proposed amendment to the Constitution, providing for the abolition of slavery forever within the limits of the country, has been ratified by each one of those States, with the exception of Mississippi, from which no official information has yet been received; and in nearly all of them measures have been adopted or are now pending, to confer upon freedmen rights and privileges which are essential to their comfort, protection and security. In Florida and Texas, the people are making considerable progress in restoring their State Governments, and no doubt is entertained that they will at the Federal Government. In that portion of the union lately in rebellion, the aspect of affairs is more promising than, in view of all the circumstances, could have been expected. The people throughout the entire South evince a laudable desire to renew their allegiance to the Government, and to repair the devastations of war by a prompt and cheerful return to peaceful pursuits. An abiding faith is entertained that their actions will conform to their professions, and that, in acknowledging the supremacy of the Constitution and laws of the United States, their loyalty will be given unreservedly to the Government; whose leniency they cannot fail to appreciate, and whose fostering care will soon restore them to a condition of prosperity. It is true, that in some of the States the demoralizing effects of war are to be seen in occasional disorders; but these are local in character, not frequent in occurrence, and are really disappearing as the authority of the civil law is extended and sustained. * * * From all the information in my possession, and from that which I have recently derived from the most reliable authority, I am induced to cherish the belief that sectional animosity is surely and rapidly merging itself into a spirit of nationality, and that representation, connected with a properly adjusted system of taxation, will result in a harmonious restoration of the relations of the States and the National union.
Andrew Johnson.
The following is General Grant's Report transmitted to Congress with the foregoing Message:
Headquarters Armies of the United States, Washington, D. C., Dec. 18, 1865.
Sir:—In reply to your note of the 16th inst., requesting a report from me giving such information as I may be possessed, coming within the scope of the inquiries made by the Senate of the United States, in their resolution of the 12th inst., I have the honor to submit the following:
With your approval, and also that of the Honorable Secretary of War, I left Washington City on the 27th of last month for the purpose of making a tour of inspection through some of the Southern States, or States lately in rebellion, and to see what changes were necessary to be made in the disposition of the Military forces of the country; how these forces could be reduced and expenses curtailed, etc., and to learn as far as possible, the feelings and intentions of the citizens of those States towards the General Government.
The State of Virginia being so accessible to Washington City, and information from this quarter therefore being readily obtained, I hastened through the State without conversing or meeting with any of its citizens. In Raleigh, North Carolina, I spent one day; in Charleston, South Carolina, I spent two days; Savannah and Augusta, Georgia, each one day. Both in traveling and while stopping, I saw much and conversed freely with the citizens of those States, as well as with officers of the Army who have been stationed among them. The following are the conclusions come to by me:
I am satisfied that the mass of the thinking men of the South accept the present situation of affairs in good faith. The questions which have heretofore divided the sentiments of the people of the two sections—Slavery and State Rights, or the right of a State to secede from the union—they regard as having been settled forever by the highest tribunal—arms—that man can resort to. I was pleased to learn from the leading men whom I met, that they not only accepted the decision arrived at, as final, but that now, when the smoke of battle has cleared away, and time has been given for reflection, this decision has been a fortunate one for the whole country, they receiving like benefits from it with those who opposed them in the field and in council.
Four years of war, during which law was executed only at the point of the bayonet throughout the States in rebellion, have left the people possibly in a condition not to yield that ready obedience to civil authority the American people have been in the habit of generally yielding. This would render the presence of small garrisons throughout those States necessary until such time as labor returns to its proper channels and civil authority is fully established. I did not meet anyone, either those holding places under the Government or citizens of the Southern States, who think it practicable to withdraw the Military from the South at present. The white and black mutually require the protection of the General Government. There is such universal acquiescence in the authority of the General Government throughout the portions of the country visited by me, that the mere presence of a military force, without regard to numbers, is sufficient to maintain order. The good of the country and economy require that the force kept in the interior where there are many freedmen (elsewhere in the Southern States than at forts upon the sea coast, no more is necessary,) should all be white troops. The reasons for this are obvious without mentioning any of them. The presence of black troops, lately slaves, demoralizes labor both by their advice and by furnishing in their camps a resort for freedmen for long distances around. White troops generally excite no opposition, and therefore a small number of them can maintain order in a given district. Colored troops must be kept in bodies sufficient to defend themselves. It is not thinking men who would use violence towards any class of troops sent among them by the General Government, but the ignorant in some cases might, and the late slave seems to be imbued with the idea that the property of his late master should of right belong to him, or at least should have no protection from the colored soldiers. There is danger of collision being brought on by such causes.
My observations lead me to the conclusion that the citizens of the Southern States are anxious to return to self government within the union as soon as possible; that while reconstructing they want and require protection from the Government; that they are in earnest in wishing to do what they think is required by the Government, not humiliating to them as citizens, and that if such is pointed out they would pursue it in good faith. It is to be regretted that there cannot be a greater commingling at this time between the citizens of the two sections, and particularly with THOSE ENTRUSTED WITH THE LAWMAKING POWER.
I did not give, the operation of the Freedmen's Bureau that attention I would have done if more time had been at my disposal. Conversations on the subject, however, with officers connected with the Bureau, led me to think that in some of the States its affairs have not been conducted with good judgment and economy, and that the belief, widely spread among the freedmen of the Southern States, that the land of their former masters will, at least in part, be divided among them, has come from the agents of this Bureau. This belief is seriously interfering with the willingness of the freedmen to make contracts for the coming year. In some form the Freedmen's Bureau is an absolute necessity until civil law is established and enforced, securing to the freedmen their rights and full protection. At present, however, it is independent of the Military establishment of the country, and seems to be operated by the different agents of the Bureau according to their individual notions, every where. Gen. Howard, the able head of the Bureau, made friends by the just and fair instructions and advice he gave; but the complaint in South Carolina was that, when he left, things went on as before. Many, perhaps the majority of the agents of the Bureau, advised the freedmen that by their industry they must expect to live. To this end they endeavor to secure employment for them: to see that both contracting parties comply with their agreements. In some instances; I am sorry to say, the freedman's mind does not seem to be disabused of the idea that a freedman has a right to live without care or provision for the future. The effect of the belief in the division of lands is idleness and accumulation in camps, towns, and cities. In such cases, I think it will be found that vice and disease will tend to the extermination, or great reduction of the colored race. It cannot be expected that the opinions held by men at the South can be changed in a day, and therefore the freedmen require for a few years not only laws to protect them, but the fostering care of those who will give them good counsel and in whom they can rely.
U. S. Grant, Lieutenant General.
This report was at once vigorously denounced in and out of Congress, by the extremists. Mr. Sumner characterized it in the Senate, as a "whitewashing report." The standing of General Grant in the country at large, however, was such that few had the indiscretion to attack him openly.
The controlling element of the party which had elected Lincoln and Johnson, had acquiesced for a time in the plan of reconstruction foreshadowed by Mr. Lincoln and adopted by Mr. Johnson, but during the summer of 1865, frictions developed between Mr. Johnson and those who on Mr. Lincoln's death had assumed the leadership in the work of reconstruction and other matters of administration, came to take the opposite ground, from the first occupied by Sumner and other extremists in Congress—that the States lately in rebellion had destroyed themselves by their own act of war, and had thereby forfeited all the rights of Statehood and were but conquered provinces, subject solely to the will of the conqueror.
From that point their ways parted and widened from month to month, till bitter hostility, political and personal, came to mark even their official intercourse.
Mr. Johnson was practically unknown to the great mass of the people of the North till he succeeded to the Presidency. He was in no sense regarded as or assumed to be the leader of the dominant party; while those who on Mr. Lincoln's death became leaders of the dominant party in opposition to Mr. Johnson's administration and policies, were widely known and of long public experience, and had correspondingly the confidence of their party.
So, in the strife that ensued, as it became embittered with the lapse of time, Mr. Johnson was at great disadvantage, and made little or no headway, but rather lost ground as the controversy progressed. His moderate, conservative views, radically expressed, in regard to what should be the methods of reconstruction and the restoration of the union, found little favor with the mass of the veterans of the union armies who had but lately returned from the victorious fields of the South, their blood not yet cooled after the fury and heat of the strife while to many, who had witnessed the horrors of war at a safe distance, with the cessation of hostilities in the field, to which they had been only anxious spectators, became suddenly enthused over issues that others had fought out in battle, and vigorously vicious towards Mr. Johnson for presuming to treat the conquered people of the South as American citizens and entitled to the rights of such, after having laid down their arms and peacefully returned to their homes and their respective callings.
This temper, permeating, as it did, the dominant party of practically every Northern State, was not unstintingly reflected upon the National Capitol in the return to Congress of a large majority in both Houses, of men who sympathized with and reflected back again upon their constituents the most extreme views as to what should be the policy of the Government towards the South.
These views characterized the legislation of the time. Partisan rancor was unbridled, and found expression not only in coercive legislation of various grades of severity, but in placing the Southern States generally under almost absolute military control, and in the practical abrogation of the common rights of American citizenship in most of them.
Quite every act of this sort of legislation was passed over the official protest of the President, and each of these protests seemed but to add emphasis to each succeeding act of Congress in that line, till it seemed that there could be no end to the strife, so long as Mr. Johnson remained in the Presidential office.
The ostensible basis of the disagreement which in a few months after the accession of Mr. Johnson to the Presidency began to develop between himself and the Republican leaders in Congress, was the plan of reconstruction put in operation by him during the recess of Congress that year, 1865, and outlined in his North Carolina Proclamation. It availed not, that that plan had been adopted originally by Mr. Lincoln a few days before his death—that it had been concurred in by his entire Cabinet and would undoubtedly have been carried out successfully by him had he lived that plan was made the ground of criticism of Mr. Johnson by the extreme party element in control of Congress, which persistently accused him of having abandoned the plan initiated by Mr. Lincoln, and of setting up another of his own, for purely personal and ambitious purposes, and to the detriment of the peace of the country.
Mr. Johnson may have been opinionated and headstrong, a characteristic of a great many people of strong convictions of duty and purpose; while the overwhelming numerical strength of the dominant party in and out of Congress made it seemingly indifferent, reckless and inconsiderate of the convictions, as of the rights and prerogatives of the Chief Executive treating him more as a clerk whose sole duty it was to register without suggestion the decrees of Congress.
That Mr. Lincoln, had he lived, would have pursued much the same policy of reconstruction, is clearly indicated by the established fact that he had determined to adopt precisely the initial measures thereto which Mr. Johnson did inaugurate and attempt to carry out. But Mr. Lincoln's superior ability in statecraft, his rare tact and knowledge of men, and his capacity for moulding and directing public opinion, seeming to follow where he actually led, would doubtless have secured a more favorable result. And more than all else, it can scarcely be doubted, that the unbounded confidence of the people in his patriotism and capacity to direct public affairs, would have enabled him to dictate terms of reconstruction strictly on the lines he had marked out, and would have commanded the general support of the country, regardless of partisan divisions, notwithstanding the well known fact that at the time of his death there were unmistakable indications of alienation from him of the extreme element of his party because of his conservative views as to the proper methods of reconstruction.
Meantime, in the effort to hamper the President, as far as it was possible for Congress to do, the Tenure-of-Office Act was passed, early in 1867. The ostensible purpose of that Act was to restrict the authority of the President in the selection of his Cabinet advisers, and his power over appointments generally. Its specific purpose, at least so far as the House of Representatives was concerned, and measurably so in the Senate, was to prevent his removal of the Secretary of War, Mr. Stanton, with the manifest if not avowed intent, as the sequel shows, to make that Secretary not only independent of his chief, but also to make him the immediate instrument of Congress in whatever disposition of the Army, or of military affairs generally relating to the government of the Southern States, the majority of Congress might dictate. In a word, the Congress, in that Act, virtually assumed, or attempted to assume, that control of the Army which the Constitution vests on the President.
The first effort to impeach the President, in 1867, was based upon a general accusation of high crimes and misdemeanors without literal specification. The second, in 1868, was based upon his alleged violation of the Tenure-of-Office Act, in the removal of Mr. Stanton.
While it is undoubted, as already shown, that Mr. Lincoln and Mr. Johnson were in accord as to the methods to be adopted for the restoration of the revolted States, it was Mr. Johnson's misfortune that he had not Mr. Lincoln's capacity for so great and so peculiar a task; though a gentleman of proven patriotism, ability, of a kindly, genial nature, and with record of valuable public service. Hampered by his lack of political finesse and intricate knowledge of state-craft, and in view of the conditions of that time, and the people with whom he had to deal, it was obvious from the outset that the result of the controversy could hardly be otherwise than disastrous to him. Mr. Lincoln would undoubtedly have been met by the same character of opposition, and from the same source. But there would have been the appearance at least of mutual concession, and while the APPEARANCE of concession would have been on Mr. Lincoln's side, the actual concession, so far as essentials were involved, would have been on the other.
Mr. Johnson was a Democrat of pronounced type and profound convictions, and in no sense did he depart from his faith. He belonged to the school of Jackson and Jefferson. He had not the electric intuitions and impetuous will of the former, nor the culture and genius of the latter. He adhered more religiously to the letter of the Constitution than either. To him it was the one law of supreme obligation, that never ceased its guarantees. As fittingly expressed by one of his Counsel, Mr. Groesbeck, in the trial: "He was not learned and scholarly—not a man of many ideas or of much speculation—but the Constitution had been the study of his life, and by a law of the mind he was only the truer to that which he did know."
As had Mr. Lincoln, Mr. Johnson keenly appreciated the importance of the people of the South returning at once to the union, free and independent American citizens, clothed with all the rights, privileges and obligations common to such. In his Cabinet Councils, and to a degree supreme in that board sat William H. Seward, as he had throughout Mr. Lincoln's administration, than whom the Republic has produced no wiser, more sagacious, or patriotic statesman. He gave the subject his intense devotion in the maturity of his great powers.
There too, sat Secretary Welles, another of Mr. Lincoln's advisers, and a devoted friend of the Constitution and the sanctity of the union. Each of these men, thoroughly patriotic, and efficient, and untiring in the administration of their respective Departments, had commenced with the deluge of blood, and they now hoped to crown their official careers by a triumphant peace that would Honor their lives and glorify the Nation. These men had a salutary influence over Mr. Johnson, and greatly modified the asperities of his disposition.
Mr. Johnson believed, as did Mr. Lincoln, that the revolted States were still States of the union—that all the pretended acts of secession were null and void, and that the loyal people therein had the right to reconstruct their State Governments on the basis proposed to them first by Mr. Lincoln, and after him by Mr. Johnson, and thus the right to representation in the General Government.
It was upon this question that parties divided during the reconstruction period. Mr. Lincoln, foreseeing danger in such a division, was anxious to bring those States into such relation that the people generally would consider them as virtually in the union, without reference to the abstract question. It was with this view, undoubtedly, that he advocated the admission of Members and Senators whenever one-tenth of the voting population of 1860 should organize State Governments and ask for readmission. He would not only not countenance, but repelled the doctrine of "State Suicide," as it was called, and which came to characterize the methods of reconstruction subsequently adopted.
It is true, that on many occasions Mr. Johnson charged that the Congress was only a Congress of part of the States, and that its acts were therefore without validity. Yet he continued to execute those laws, and what to him was a very unpleasant duty, the law which set aside the State Governments organized under his own direction, so that notwithstanding his violent denunciations of the acts of Congress, and his personal opinions, he did not presume to act upon them. Angry and undignified language was uttered on both sides. Many of his speeches were violent and in bad taste and temper. So were a great many speeches uttered by senators and members of the House, and those bodies too often acted upon them.
It is therefore but repeating recorded history to say that Mr. Johnson was earnestly seeking to carry out Mr. Lincoln's plan of reconstruction, which was upon consultation with his entire Cabinet, more especially with Mr. Stanton, adopted by him as the basis for the restoration of the revolted States.
Yet, with these facts of record, that action was afterwards assailed by the Republican leaders in and out of Congress, who assumed to have become Mr. Lincoln's executors in the work of reconstruction, as not only an abandonment of the plan instituted by him, but a surrender of the issues fought out and the results accomplished by the war just closed notwithstanding very many of these critics of Mr. Johnson had but a few months before criticised Mr. Lincoln with quite equal severity for his suggestion of this same method of restoration.
Nor will it suffice to say that, though professing submission and loyalty, the people of the South were still hostile to the union, and that there was no safety there for union men. It is true that there came to be violence and disorder there upon the rejection by Congress of Mr. Johnson's plan of restoration.
These were the inevitable results of the conditions. There would also have been disorder and violence in the North and to a far greater degree, had the results of the war been reversed—an arbitrary and tyrannical system of restoration insisted upon—the established order of things destroyed homes broken up the people impoverished, and hordes of unscrupulous adventurers swarmed up from the South and overrun the country in pursuit of schemes of political chicanery and personal ambition, peculation and plunder, as was the South after the close of the war.
But when the fight was on, an overwhelmingly partisan House, as a last resort, in the hope of at once ending, by removal, all opposition on the part of the President to the views and aims of the dominant party in Congress, resorted to the first project of impeachment set out in the succeeding chapter.
THE ASHLEY INDICTMENT.
The initiation of formal proceedings for the impeachment and removal of President Johnson occurred in the House of Representatives on January 7th, 1867, in the introduction of three separate resolutions for his impeachment, by Messrs. Loan and Kelso, of Missouri, and Mr. Ashley of Ohio. As Mr. Ashley's Resolution was the only one acted on by the House, only the proceedings had thereon are here given, as follows:
Mr. Speaker:—I rise to perform a painful but, nevertheless, to me, an imperative duty; a duty which I think ought not longer to be postponed, and which cannot, without criminality on our part, be neglected. I had hoped, sir, that this duty would have devolved upon an older and more experienced member of this House than myself. Prior to our adjournment I asked a number of gentlemen to offer the resolution which I introduced, but upon which I failed to obtain a suspension of the rules.
Confident, sir, that the loyal people of this country demand the adoption of some such proposition as I am about to submit, I am determined that no effort on my part shall be wanting to see that their expectations are not disappointed. * * * On my responsibility as a Representative, and in the presence of this House, and before the American people, I charge Andrew Johnson, Vice President and acting President of the United States, with the commission of acts which in contemplation of the Constitution, are high crimes and misdemeanors, for which, in my judgment, he ought to be impeached. I therefore submit the following:
I do impeach Andrew Johnson, Vice President and acting President of the United States, of high crimes and misdemeanors:
I charge him with a usurpation of power and violation of law:
In that he has corruptly used the appointing power;
In that he has corruptly used the pardoning power;
In that he has corruptly used the veto power;
In that he has corruptly disposed of public property of the United States;
In that he has corruptly interfered in elections, and committed acts which, in contemplation of the Constitution, are high crimes and misdemeanors: Therefore,
BE IT RESOLVED, That the Committee on the Judiciary be, and they are hereby, authorized to inquire into the official conduct of Andrew Johnson, Vice President of the United States, discharging the powers and duties of the office of President of the United States, and to report to this House, whether, in their opinion, the said Andrew Johnson, while in said office, has been guilty of acts which are designed or calculated to overthrow, subvert, or corrupt the Government of the United States, or any department or office thereof; and whether the said Andrew Johnson has been guilty of any act, or has conspired with others to do acts, which, in contemplation of the Constitution, are high crimes and misdemeanors, requiring the interposition of the constitutional power of this House; and that said committee have power to send for persons and papers, and to administer the customary oath to witnesses.
The question was taken on agreeing to the Resolution; and it was decided in the affirmative—yeas 107, nays 39, not voting 45.
On the 2nd of March, 1867, the subject of impeachment again came up in the House, and the following proceedings were had:
Mr. Wilson, of Iowa, (Rep.)—I am directed by the Committee on the Judiciary to present a report relative to the official conduct of the President of the United States.
Mr. Eldridge, (Dem.)—Mr. Speaker, I wish to raise a question of order: I see by the clock that it is almost three o'clock in the morning; and I believe this is the Sabbath day. I think we should not do any more business tonight, except it be business of necessity or charity.
The Speaker.—This, in parliamentary view, is Saturday. The clerk will read the report submitted by the gentleman from Iowa.
The clerk read as follows:
The Committee on the Judiciary, charged by the House with examination of certain allegations, of high crimes and misdemeanors against the President of the United States, submit the following report:
On the 7th day of January, 1867, the House, on the motion of the Hon. James M. Ashley, a Representative from the State of Ohio, adopted the following preamble and resolutions, to-wit:
The duty imposed upon this committee by this action of the House, was of the highest and gravest character. No committee during the entire history of the Government, has ever been charged with a more important trust. The responsibility which it imposed was of oppressive weight, and of a most unpleasant nature. Gladly would the committee have escaped from the arduous labor imposed upon it by the Resolution of the House; but once imposed, prompt, deliberate, and faithful action, with a view to correct results, became its duty, and to this end it has directed its efforts.
Soon after the adoption of the Resolution by the House, Hon. James M. Ashley communicated to the committee, in support of his charges against the President of the United States, such facts as were in his possession, and the investigation was proceeded with, and has been continued almost without, a day's interruption. A large number of witnesses have been examined, many documents collected, and everything done which could be done to reach a conclusion of the case. But the investigation covers a broad field, embraces many novel, interesting, and important questions, and involves a multitude of facts, while most of the witnesses are distant from the Capital, owing to which the committee, in view of the magnitude of the interests involved in its action, have not been able to conclude its labors, and is not therefore prepared to submit a definite and final report. If the investigation had even approached completeness, the committee would not feel authorized to present the result of the House at this late period of the session, unless the charges had been so entirely negative as to admit of no discussion, which, in the opinion of the committee, is not the case.
Certainly no affirmative report could be properly considered in the expiring hours of this Congress.
The committee not having fully investigated all the charges prepared against the President of the United States, it is deemed inexpedient to submit any conclusion beyond the statement that sufficient testimony has been brought to its notice to justify and demand a further prosecution of the investigation.
The testimony which the committee has taken will pass into the custody of the Clerk of the House, and can go into the hands of such committee as may be charged with the duty of bringing this investigation to a close, so that the labor expended upon it may not have been in vain.
The committee regrets its inability definitely to dispose of the important subject committed to its charge, and presents this report for its own justification, and for the additional purpose of notifying the succeeding Congress of the incompleteness of its labors, and that they should be completed.
James F. Wilson, Chairman. Francis Thomas, D. Morris, F. E. Woodbridge, George S. Boutwell, Thomas Williams, Burton C. Cook, William Lawrence,
Mr. Ancona, the only Democrat on the committee, presented a minority report, as follows:
The subscriber, one of the Judiciary Committee, to which was referred by the House the inquiry into the official conduct of His Excellency, the President of the United States, with a view to his impeachment upon certain charges made by Hon. James M. Ashley, begs leave to submit the following report:
The Committee refuses to allow a Report to be made giving to the House at this time upon grounds which are no doubt satisfactory to themselves; therefore, I cannot report the evidence upon which my conclusion is based, which I would gladly do did the Committee deem it expedient. The examination of witnesses and the records was commenced, as appears by the majority report, about the time of the reference, to-wit: on the 7th day of January, 1867, and continued daily. A large number of witnesses has been examined, and everything done that could be, to bring the case to a close, as appears by the majority report: and the majority have come to the conclusion "that sufficient testimony had been brought to its notice to justify and demand a further prosecution of the investigation." I have carefully examined all the evidence in the case, and do report that there is not one particle of evidence to sustain any of the charges which the House charged the Committee to investigate, and that the case is wholly without a particle of evidence upon which impeachment could be founded, and that with all the effort that has been made, and the mass of evidence that has been taken; the case is entirely void of proof. I furthermore report that the most of the testimony that has been taken is of a secondary character, and such as would not be admitted in a court of justice.
In view of this conclusion I can see no good in a continuation of the investigation. I am convinced that all the proof that can be produced has been before the Committee, as no pains have been spared to give the case a full investigation. Why, then, keep the country in a feverish state of excitement upon this question any longer, as it is sure to end, in my opinion, in a complete vindication of the President, if justice be done him by the committee, of which I have no doubt,
A. J. Rogers.
The two reports were ordered printed and laid on the table.
This session of the House, and with it the Thirty-Ninth Congress, ended a few hours later, the legislative day continuing till twelve o'clock, noon, on Sunday, March 3rd. The House adjourned sine die at that hour, when all unfinished business lapsed.
RENEWAL OF THE IMPEACHMENT.
The first session of the Fortieth Congress began on Monday, March 4th, 1867, and on the 7th, in the House of Representatives, Mr. Ashley (Rep.) offered the following Preamble and Resolutions:
Whereas the House of Representatives of the Thirty-Ninth Congress adopted, on the 7th of January, 1867, a Resolution authorizing an inquiry into certain charges preferred against the President of the United States; and whereas the Judiciary Committee, to whom said Resolution and charges were referred, with authority to investigate the same, were unable for want of time, to complete said investigation before the expiration of the Thirty-Ninth Congress; and whereas in the report submitted by said Judiciary Committee on the 2nd of March they declare that the evidence taken is of such a character as to justify and demand a continuation of the investigation by this Congress; therefore:
Be it Resolved by the House of Representatives, That the Judiciary Committee, when appointed, be, and they are hereby, instructed to continue the investigation authorized in said Resolution of Jan. 7th, 1867, and that they have power to send for persons and papers, and to administer the customary oath to witnesses; and that the committee have authority to sit during the sessions of the House and during any recess which Congress or this House may take.
Resolved, That the Speaker be requested to appoint the Committee on the Judiciary forthwith, and that the Committee so appointed be directed to take charge of the testimony taken by the Committee of the last Congress; and that said Committee have power to appoint a clerk at a compensation not to exceed six dollars per day, and employ the necessary stenographers.
At the close of the debate on Mr. Ashley's Resolution, it was adopted without a division, its form being changed to the following:
Resolved, That the Committee on Judiciary be requested to report on the charges against the President as aforesaid, on the first day of the meeting of the House after the recess hereafter to be determined.
Congress adjourned a few days later. It re-assembled on the 3rd of July, and on the 11th the following resolutions was offered by Mr. Stevens, (Rep.) of Pennsylvania:
Resolved, That the Committee on the Judiciary, to whom was referred the Resolution and Documents relative to the Impeachment of the President, be directed to report the evidence at this session, with leave to make further report if they shall deem proper.
That the impeachment enterprise was waning, and that its forces had received little encouragement during the recess of the Congress that had just closed, was evidenced by the fact that there could not be mustered ayes enough to put the resolution to a vote, and Mr. Wilson, of Iowa, moved the following substitute:
Resolved, That the Committee on Judiciary be, and they are hereby, authorized and directed to have the usual number of copies of the evidence taken by said committee relative to the Impeachment of the President, printed and laid on the desks of Members of the House on the first day of the next Congress, whether adjourned or regular.
The Resolution was adopted by a vote of 85 to 48, whereupon Mr. Stevens dejectedly remarked that, "after the vote which had been taken on this resolution, indicating the views of a majority of the House in regard to it, I am willing to abandon it. I therefore move that the Resolution as amended be laid on the table," which motion was agreed to.
On the 15th of July, 1867, Mr. Farnsworth, (Rep.) of Illinois, offered the following resolution and demanded the previous question thereon:
Resolved, That the Committee on the Judiciary be discharged from the further consideration of the question of the Impeachment of the President of the United States, and that the testimony already taken by said committee be printed for the use of the House.
The resolution was not seconded, and went over under the rules.
On the 25th of Nov. 1867, Mr. Boutwell (Rep.), on behalf of the Judiciary Committee, submitted the report of the majority of that committee, of the testimony taken in behalf of the proposed impeachment of the President. The report recommended his impeachment.
Mr. Wilson, submitted the report of the minority of the Committee (himself and Mr. Woodbridge), and moved the adoption of the following resolution:
Resolved, That the Committee on the Judiciary be discharged from the further consideration of the proposed impeachment of the President of the United States, and that the subject be laid upon the table.
Mr. Marshall, on behalf of himself and Mr. Eldridge, the two Democratic members of the committee, stated that though they had not signed the minority report submitted by Mr. Wilson, they joined in support of the resolution submitted by him, and asked leave to introduce and have printed separate views.
This, the first session of the Fortieth Congress, then adjourned, Dec. 2nd, 1867.
The second session of the Fortieth Congress was begun on the same day, and on the 5th, the impeachment question came up in its order in the House, on the resolution reported from the Judiciary Committee:
That Andrew Johnson, President of the United States, be impeached of high crimes and misdemeanors.
After a brief discussion of the order of business, the House adjourned for that day.
The debate was closed on the 6th, by Messrs. Boutwell and Wilson, the members of the Committee on the Judiciary having Charge of the impeachment measure. The closing passages of Mr. Boutwell's speech were as follows:
What is our position to-day? Can this House and the Senate, with the knowledge they have of the Presidents purposes and of the character of the men who surround him, give him the necessary power? (to remove alleged dishonest officials.) Do they not feel that if he be alloyed such power these places will be given to worse men? Hence, I say that with Mr. Johnson in office from this time until the 4th of March, 1869, there is no remedy for these grievances. These are considerations why we should not hesitate to do that which justice authorizes us to do if we believe that the President has been guilty of impeachable offenses.
Mr. Speaker, all rests here. To this House is given by the Constitution the sole power of impeachment; and this power of impeachment furnishes the only means by which we can secure the execution of the laws, and those of our fellow citizens who desire the administration of the law ought to sustain this House while it executes that great law which is in its hands and which is nowhere else, while it performs a high and solemn duty resting on it by which that man who has been the chief violator of law shall be removed, and without which there can be no execution of the law any where. Therefore the whole responsibility, whatever it may be, for the non-execution of the laws of the country, is, (in the presence of these great facts) upon this House. * * * I think that we can not do otherwise than believe, that he has disregarded that great injunction of the Constitution to take care that the laws be faithfully executed, that there is but one remedy. The remedy is with this House, and it is nowhere else. If we neglect or refuse to use our powers when the case arises demanding decisive action, the Government ceases to be a Government of law and becomes a Government of men.
Mr. Wilson, Chairman of the Committee, closed the debate in the following remarks:
The gentleman from Massachusetts has remarked that the President may interfere with the next Presidential election in the Southern States; that he may station soldiers at the voting places and overawe the loyal people of those States, especially the colored vote: and we must, I suppose, guard against the possibility of this by his impeachment and removal from office. This position, if I state it correctly, is startling. Are we to impeach the President for what he may do in the future? Do our fears constitute in the President high crimes and misdemeanors? Are we to wander beyond the record of this case and found our judgment on the possibilities of the future? This would lead us beyond the conscience of this House.
Sir, we must be guided by some rule in this grave proceeding—something more certain than an impossibility to arraign the President for a specific crime—and when the gentleman from Massachusetts, in commenting on one of the alleged offenses of the President, that we could not arraign him for the specific crime, he disclosed the weakness of the case we are now considering. If we cannot arraign the President for a specific crime, for what are we to proceed against him? For a bundle of generalities such as we have in the volume of testimony reported by the committee to the House in this case? If we cannot state upon paper a specific crime, how are we to carry this case to the Senate for trial?
At the close of his speech, Mr. Wilson moved to lay the subject of impeachment on the table, and the yeas and nays were ordered.
Several motions were then made—to adjourn, to adjourn to a day certain, etc.—which with roll calls practically consumed the day, and the motion of Mr. Wilson went over.
The next day, Dec. 7th, the question again came up in its order, and after several unsuccessful attempts to procure a vote on Mr. Wilson's motion to lay the Impeachment Resolution on the table, Mr. Wilson, by agreement, withdrew his motion, and called for the yeas and nays on the adoption of the resolution:
That Andrew Johnson, President of the United States, be impeached for high crimes and misdemeanors.
The yeas and nays were ordered, and the vote was yeas 57, nays 108.
So the resolution to impeach the President was rejected by the very emphatic vote of 67 to 108—nearly two to one—and by a House two-thirds Republican.
So ended the first effort to impeach the President—the first formal action to that end having been taken on January 7, 1867, and the final vote at the close, and its abandonment, December 7, 1867.
For eleven months the overwhelming Republican majority of the House had been vigorously active in its search for evidence of criminality on the part of the President that would warrant the basing of an impeachment. No effort was left untried—no resource that promised a possible hope of successful exploitation was neglected. Republican partisans were set to the work of sleuth-hounds in the search for testimony in maintenance of the charges preferred, and an ever ready partisan press teemed from the beginning to the end of that time with animadversions upon Mr. Johnson's administration and denunciation of his alleged desertion of Mr. Lincoln's plan of restoration, of treachery to the party that had elected him, and a demand for his impeachment.
To be lukewarm in that controversy, or even to fail to join in the popular denunciation of Mr. Johnson was to put one's self at once under suspicion with the great mass of the dominant party, and without the pale of its consideration.
For eleven months the country was kept in the throes of partisan turmoil—and for what? Simply to depose a President who had disappointed the partisan and personal expectations and schemes of a rule or ruin faction which was able, under the peculiar conditions of the time, to subordinate to its purposes a large proportion of the dominant party of that day.
The following are the material portions of the testimony taken by the House Committee on the Judiciary under authority of the resolutions passed by the House of Representatives on March 7, 1867, for the impeachment of Andrew Johnson.
Eighty-nine witnesses were summoned before the committee. All of them were rigidly examined, and several of them were called and examined the second and third times. Their testimony fills more than twelve hundred octavo pages of print.
The first witness was Gen. L. C. Baker, of the War Department. His testimony related principally to a certain letter alleged to have been written by Mr. Johnson, in 1864.
The first question propounded to him by Mr. Ashley, was as follows:
I wish you to state to the committee the contents, as nearly as you can, of a letter which you have in your possession, written by Andrew Johnson, some time in the early part of 1864, to a Southern man, giving information as to the troops about the Capitol and elsewhere, and advice to Jefferson Davis. State where that letter is, and give the contents as nearly as you can, the history of it.
Mr. Baker answered that he knew there was a letter of that kind, purporting to have been written by Andrew Johnson, when he was acting Governor of Tennessee. That the letter was dated at Nashville and directed to Jefferson Davis, and related to some declared policy that had been adopted by the Confederacy—that the letter was being used to secure an appointment—that reference was made to troops, but nothing about localities where stationed, or numbers, and nothing about shipment of armor, and that the letter was stolen from Andrew Johnson's table and never sent.
The question was then asked of the witness by Mr. Ashley:
State whether the whole import of the letter written by Mr. Johnson, was not to turn the whole power which he possessed in Tennessee, in a certain contingency, over to the rebel cause?
Answer—No. I did not have that opinion of the letter exactly. From what I recollect of it, the thing was that he was making a proposition making suggestions as to what their policy should be.
Ques.—And if they accepted it?
Ans.—If they accepted it, my impression was that he was going with them.
Ques.—With the rebels?
Ans.—Yes sir.
Question by the Chairman.—If there are any other letters that you have seen of Mr. Johnson's written by him to any person connected with the Confederate Government, or proposing to change the Administration of the Government in their favor after he became President, or anything of a public nature affecting the interests of the United States, please state it and state all you know about such letters.
Ans.—I do not know of any letters of that character—or of any other letters.
This constituted the substance of Gen. Baker's testimony. His examination was very lengthy, embracing more of this character of testimony, and about pardon brokerage, and other alleged corrupt practices—all evidencing a determination and expectation to fix upon Mr. Johnson a disposition to disloyalty and corruption, both before and after his succession to the Presidency, but no such testimony was obtained.
A considerable portion of the investigation was devoted to Mr. Johnson's business and personal affairs, such as could have no possible connection with or indicate implication in corrupt or disloyal practices of any sort.
A strenuous effort appears to have been made by the Committee throughout a long and searching examination of witnesses, and constitutes a conspicuous feature of that investigation, to establish the charges of corruption and disloyalty in the sale of public property, railways, etc., that had been constructed and equipped, or seized and operated, by the Government in connection with its military operations in the South. Such an accusation had been made with great pertinacity by Mr. Johnson's opponents, and was also then believed by a great many people to be true.
Among the parties examined by the committee, were Mr. James and Mr. Burns, of Nashville, Tenn., and Senator Fowler, of that State, and also the Secretary of war, Mr. Stanton. No facts whatever were elicited showing a privity to corruption in these matters on the part of Mr. Johnson.
The information obtained from Mr. Stanton, however, put an effectual estoppel to further investigation of the charge of corrupt or disloyal disposal of public property by the President. The following are extracts from Mr. Stanton's testimony, as given on February 11, 1867:
Shortly after the surrender of the rebel armies, the attention of the War Department was directed to the proper disposition to be made of the railroads and railroad stock throughout the rebel States which came into our possession, either by capture or construction. It was the subject of a good deal of consultation and conference between the Secretary of War and the Quartermaster General. It was the opinion of the Secretary of War that it was wholly impracticable for the General Government to operate these roads under any system, and that it would be greatly to the advantage of the country to make such disposition as would allow them, its speedily as possible, to become what they were designed for channels of commerce and trade between the States, and that any terms on which that could be done would be advantageous. This was especially the case in regard to the Western and Southwestern roads, where it was said there were large amounts of cotton that would be available to remove North, in exchange for supplies to go South, of which it was said they were greatly in want.
Ques.—In case of the construction of a railroad by the Government, the Government furnishing the material and the labor, what has been the custom of the Department in surrendering such roads to the companies claiming them?
Ans.—In all instances, I think such roads have been surrendered in the same manner as if they had been constructed by the companies. That subject was talked of a good deal in conference between myself and the Quartermaster General. My own views, that the great object on the part of the Government, was to get these roads operated; and that to go into an inquiry as to the cost of construction, would be impracticable, either as to the cost of construction or as to any certain rule of compensation, because many of them were constructed under the pressure of war, and for temporary Purposes. The object of arriving at the cash value or equivalent for the roads was not only impracticable, but really of very little practical interest in comparison with the great end of having the channels of commerce in the rebel states opened and carried on, with a view of getting out their produce, furnishing supplies, and getting commerce in its regular channels. In my own view, that appeared to be the most, certain and most speedy system of reconstruction we could adopt, and that it would tend more to establish harmony than any other thing that could be done by the Government. In view of all this, and after the most deliberate consideration we could give it, it was the opinion of the Quartermaster General and myself—certainly my own—that it would be impracticable to make any distinction: and so far as I know, no distinction was made in any part of the country in reference to roads built by the Government and roads that had been constructed by Companies before the war commenced.
Mr. Stanton was asked this question:
Suppose the Government, at his own expense, had constructed seventy miles of railroad in one of the rebel States, and that, at the close of the war, a company should apply to the Executive Department of the Government for a transfer of the road so constructed to it; by what authority or provision of law would Executive Department be authorized to transfer the road so constructed to the company making the application?
Mr. Stanton answered:
I do not know of any act of Congress that directly, in terms, would authorize any such transfer; but regarding the construction of the road, in time of war, simply as a means, or instrument, of carrying on war, when the war was over I would consider it strictly proven and within the scope of the power of the General Commanding, or especially of the President of the United States, as the Commander-in-Chief of the Army, to render that instrument as available for peace purposes as possible. And inasmuch as the road would be entirely useless unless it was operated, and it would be for the benefit and interest of the public, to have it operated as speedily as possible, I think it would be in the interest of a wise discretion, and exercising proper authority, to turn over that road to any company or individual who would operate it; for, in that way, he would be applying the war material to the only available use to which it could be applied. * * * I would regard the rolling stock as coming, to a certain extent, within the same principle. * * * No transfer of title was at any time made, so far as I know, or could be made, but only possession turned over. When the military use was no longer required, the railroads were turned over to their original owners, or their representatives, with permission to use them. These railroads, their plant and track fixtures, real property, of which the military authorities had only the possessory right and use, but the rolling stock and equipments, and iron not laid down, were personal property, which, by capture, or purchase, or construction, belonged to the United States. Sale could be made, and was made, of the personal property at values estimated by the proper officers. That which constituted real estate, to-wit, the railroad track, fixtures, etc., the military authorities might abandon altogether, or relinquish control and turn over possession to those who would make a beneficial use of it by working the road. Being in the nature of real estate, no title of the Government or of other persons could be divested and conveyed by military authority, but only the control relinquished and the use permitted during the existence of military authority in the department where the roads were situated.
The trend of a large portion of the testimony of witnesses called by this committee to testify as to the charges preferred against Mr. Johnson and relating to other allegations of the indictment, quite clearly indicated that the charges were based solely upon common street rumor, invented and given currency in partisan antagonism and for partisan purposes, and that the witnesses were called in the hope and expectation, on the part of the majority of the House, of developing proof of disloyalty and corruption on the part of the President, and, if not criminal connivance, at least, criminal knowledge of a conspiracy for the assassination of Mr. Lincoln.
But these expectations and hopes, in all respects, were so utterly disappointed, that there was pathos, at least, as the investigation was protracted from month to month, with no indication of the hoped for development, in the despondent inquiry of Mr. Thaddeus Stevens to one of his colleagues of the Impeachment Committee, as the inquest approached a close without results—"Well, HAVE YOU GOT ANYTHING, ANYHOW?" It was more an ejaculation of anger and disgust at failure, than a query of one seeking hoped for information.
ITS HISTORY AND PURPOSE—THE PRESIDENTS VETO MESSAGE.
Mr. Johnson's alleged violation of the act of Congress known as the Tenure-of-Office Act, constituted the ostensible basis of his impeachment in 1868. As stated, it had been passed for the purpose of restricting the power of the President over Executive appointments. That Act, therefore, becomes a very important and conspicuous incident in the impeachment affair, as its alleged violation constituted the only material accusation, set out in various forms, in the entire list of charges.
The proceedings had on the passage of that bill are inserted at some length here, as a technical knowledge of its history, character and purpose, is essential to a correct apprehension of the controversy that had arisen between the President and Congress.
The Tenure-of-Office bill was introduced in the Senate by Mr. Williams, of Oregon, Dec. 3rd, 1866, and on the 5th was referred to the Committee on Retrenchment. On the 10th Mr. Edmunds, in the name of the committee, reported it back to the Senate with the following remarks:
The joint select Committee on Retrenchment, to whom was referred the bill to regulate the tenure of offices, have had the same under consideration, and have instructed me to report the bill back, with a recommendation of certain amendments, which being adopted, the committee are of the opinion that the bill ought to pass. I beg leave to say in connection with this report that we have reported this bill and these amendments regulating removals from office and appointments to office so far as concerns officers whose nominations require the confirmation of the Senate, and have adopted what appears to us to be a feasible scheme in that respect, in no spirit of hostility to any party or administration whatever, but in what we conceive to be the true Republican interest of the country, under all administrations, under the domination of all parties in the growth which is before us in the future; and in that spirit I shall ask the attention of the Senate to the bill when it comes to be considered. I move that the amendment be printed, and that the bill be made the special order for Thursday next, at one o'clock.
On the 10th of January, 1867, on motion of Mr. Edmunds, the bill was taken up for consideration. As the first section of the bill was the only portion over which there was any serious controversy, or pertinent to this recital, only that section is produced here. It is as follows:
That every person (excepting the Secretaries of State, of the Treasury, of War, of the Navy, and of the Interior, the Postmaster General, and the Attorney General), holding any civil office to which he has been appointed by and with the advice and consent of the Senate, and every person who shall hereafter be appointed to any such office, and shall become duly qualified to act therein, is, and shall be, entitled to hold such office until a successor shall have been in like manner appointed and duly qualified, except as herein otherwise provided.
Mr. Howe objected to the exception of the Cabinet officers from the operation of the bill, and Mr. Edmunds responded that:
It did seem to the Committee, after a great deal of consultation and reflection, that it was right and just that the Chief Executive of the Nation, in selecting these named Secretaries, who, by law, and by the practice of the country, and officers analogous to whom by the practice of all other countries, are the confidential advisers of the Executive respecting the administration of all his Departments, should be persons who were personally agreeable to him, in whom he could place entire confidence and reliance, and that whenever it should seem to him that the state of relations, between him and any of them had become such as to render this relation of confidence and trust and personal esteem inharmonious, HE SHOULD IN SUCH CASE BE ALLOWED TO DISPENSE WITH THE SERVICES OF THAT OFFICER IN VACATION AND HAVE SOME OTHER PERSON ACT IN HIS STEAD. We thought that so much discretion, so much confidence, so much respect ought to be properly attributed to the Chief Magistrate of the Nation. It may happen that at some particular time—some people may suppose that it has happened now—the Chief Magistrate for the time being ought not to be invested with such powers; but the Committee have recommended the adoption of this rule respecting the tenure-of-office as a permanent and systematic, and as they believe, an appropriate regulation of the Government for all administrations and for all time; and it did appear to them (whether the reason may command itself to the Senate or not), that it was just to the Executive, and on the whole best for the interest of the Nation, that he should be allowed during a recess of the Senate to change his confidential advisers if it should appear to him to be fit, subject to that general responsibility which every officer must be held to the public and to the Senate when they meet again.
Mr. Williams said:
I prepared the original bill in this case, which contains in different words the exception contained in the amendment reported by the Committee. I do not regard the exception as of any real practical consequence, because I suppose if the President and any head of a Department should disagree so as to make their relations unpleasant, and the President should signify a desire that the head of a Department retire from the Cabinet, THAT WOULD FOLLOW WITHOUT ANY POSITIVE ACT OF REMOVAL ON THE PART OF THE PRESIDENT.
Mr. Fessenden said:
The Constitution imposes upon the President of the United States the duty of executing the laws; it does not impose that duty upon the Secretaries. They are creatures of the law and not of the Constitution directly. Some, and perhaps the greater part, of their functions are as advisers of the President and to aid him in executing the laws in their several Departments. There are some duties that are specifically conferred upon them by Congress. Their relation to the President, as has been well said by gentlemen, is that mostly of confidential advisers. With the exception of the particular duties imposed upon them by law, and on the Secretary of the Treasury more than on the others, they do nothing of their own motion, but act by order of the President in discharging the particular duties of their office. * * * That being the peculiar condition of affairs it has always been considered since the foundation of the Government, as a matter of course, as a general rule—there may have been one or two exceptions, and I think there have been, but I am not very positive on that point—that the President might select such persons as he pleased to be members of his Cabinet. Of course the confirmation of the Senate is necessary; but the general idea of the Senate has been, whether they liked the men or not, to confirm them without any difficulty, because in executing the great and varied interests of this great country it is exceedingly important that there should be the utmost harmony between those who are charged with that execution.
The bill passed as reported and went to the House. That body amended it by making Cabinet officers non-removable by the President without the consent of the Senate, and sent the bill back to the Senate, when Mr. Sherman said:
It (the Tenure-of-Office bill) ought to have been passed, and probably would have been passed, long ago, if a different condition of affairs had existed before. But when you propose to extend that principle to Cabinet officers, a very different state of affairs arises, and different circumstances apply to this subject. Now I say, that if a Cabinet officer should attempt to hold his office for a moment beyond the time when he retained the entire confidence of the President, I would not vote to retain him, NOR WOULD I COMPEL THE PRESIDENT TO LEAVE ABOUT HIM IN THESE HIGH POSITIONS A MAN IN WHOM HE DID NOT ENTIRELY TRUST, both personally and politically. It would be unwise to require him to administer the Government without agents of his own choosing. It seems to me, therefore, that it would be unwise for the Senate to engraft in this bill a provision that would enable a Cabinet officer to hold on to his office in violation of the will of his Chief. * * * Suppose the personal relations between a Cabinet officer and the President became so unpleasant that they could have no personal intercourse. The Senator from Wisconsin (Mr. Howe), says in such a case the Cabinet officer would resign. Suppose he should hold on to his power and position—what then? There is no power to remove him, and the President can have no intercourse with him. Would you compel such a state of affairs? It seems to me that it would be unwise to do so. That the Senate had no such purpose is shown by its vote twice to make this exception. That this provision does not apply to the present case, is shown by the fact that its language is so framed as NOT TO APPLY TO THE PRESENT PRESIDENT. * * * It would not prevent the present President from removing the present Secretary of War, the Secretary of the Navy, or the Secretary of State.
A considerable number of Senators participated in the debate, which was able and exhaustive to an exceptional degree, on both sides, and occupied several days in the various stages of the proceeding.
Mr. Edmunds closed the debate in the Senate with the following remarks:
I do not rise to prolong the debate, but only to express the hope that the debate on this question may terminate—that we may come to a vote. * * * While I should be glad to occupy some time in reply to some things that have fallen in the course of this debate, I feel it to be due to the business of the Senate to abstain. I hope the Senate will disagree to this amendment, (made by the House) and adhere to the bill as it stands.
The vote was then taken, and resulted in 17 for agreeing to the House amendment, and 28 against it.
The action of the Senate was reported to the House and Conference Committees were appointed by the two houses.
On the 18th of February, the following substitute for the first section of the bill was reported by the Committee of Conference and adopted by both Houses, and the bill went to the President:
Provided, That the Secretaries of State, of the Treasury, of War, of the Navy, and of the Interior, the Postmaster General and the Attorney General, shall hold their offices respectively FOR AND DURING THE TERMS OF THE PRESIDENT BY WHOM THEY MAY HAVE BEEN APPOINTED, and for one month thereafter, subject to removal by and with the advice and consent of the Senate.
On Monday, March 2nd, 1867, the President returned the bill to the Senate, in which house it had originated, with his objections thereto, as follows:
To the Senate of the United States:
I have carefully examined the bill to regulate the tenure of certain civil offices. The material portion of the bill is contained in the first section, and is of the effect following, namely:
That every person holding any civil office to which he has been appointed by and with the advice and consent of the Senate, and every person who shall hereafter be appointed to any such office, and shall become duly qualified to act therein, is and shall be entitled to hold such office until a successor shall have been appointed by the President, with the advice and consent of the Senate, and duly qualified; and that the Secretaries of State, of the Treasury, of War, of the Navy, and of the Interior, the Postmaster General, and the Attorney General, shall hold their offices respectively for and during the term of the President by whom they may have been appointed, and for one month thereafter, subject to removal by and with the advice and consent of the Senate.
These revisions are qualified by a reservation in the fourth section, "that nothing contained in the bill shall be construed to extend the term of any office the duration of which is limited by law." In effect the bill provides that the President shall not remove from their places any of the civil officers whose terms of service are not limited by law without the advice and consent of the Senate of the United States. The bill, in this respect, conflicts, in my judgment, with the Constitution of the United States. The question, as Congress is well aware, is by no means a new one. That the power of removal is constitutionally vested in the President of the United States is a principle which has been not more distinctly declared by judicial authority and judicial commentators than it has been uniformly practiced upon by the legislative and executive departments of the Government. The question arose in the House of Representatives so early as the 16th day of June, 1789, on the bill for establishing an executive department, denominated "The Department of Foreign Affairs." The first clause of the bill, after recapitulating the functions of that officer and defining his duties, had these words: "To be removable from office by the President of the United States." It was moved to strike out these words, and the motion was sustained with great ability and vigor. It was insisted that the President could not constitutionally exercise the power of removal exclusive of the Senate; that the Federalist so interpreted the Constitution when arguing for its adoption by the several States; that the Constitution had nowhere given the President power of removal, either expressly or by strong implication; but on the contrary, had distinctly provided for removals from office by impeachment only. A construction which denied the power of removal by the President was further maintained by arguments drawn from the danger of the abuse of the power; from the supposed tendency of an exposure of public officers to capricious removal; to impair the efficiency of the civil service; from the alleged injustice and hardship of displacing incumbents, dependent upon their official stations, without sufficient consideration; from a supposed want of responsibility on the part the President, and from an imagined defect of guarantees against a vicious President, who might incline to abuse the power.
On the other hand, an exclusive power of removal by the President was defended as a true exposition of the text of the Constitution. It was maintained that there are certain causes for which persons ought to be removed from office without being guilty of treason, bribery, or malfeasance, and that the nature of things demands that it should be so. "Suppose," it was said, "a man becomes insane by the visitation of God, and is likely to ruin our affairs; are the hands of Government to be confined front warding off the evil? Suppose a person in office not possessing the talents he was judged to have at the time of the appointment, is the error not to be corrected; suppose he acquire vicious habits and incurable indolence, or totally neglect the duties of his office, which shall work mischief to the public welfare, is there no way to arrest the threatened danger? Suppose he become odious and unpopular by reason of the measures he pursues, and this he may do without committing any positive offense against the law, must he preserve his office in despite of the popular will? Suppose him grasping for his own aggrandizement and the elevation of his connections by every means short of the treason defined by the Constitution, hurrying your affairs to the precipice of destruction, endangering your domestic tranquility, plundering you of the means of defense, alienating the affections of your allies, and promoting the spirit of discord, must the tardy, tedious, desultory road, by way of impeachment, be traveled to overtake the man who, barely confining himself within the letter of the law, is employed in drawing off the vital principle of the Government?" The nature of things, the great objects of society, the express objects of the Constitution itself require that this thing should be otherwise. To unite the Senate with the President "in the exercise of the power" it was said, would involve us in the most serious difficulty. "Suppose a discovery of any of these events should take place when the Senate is not in session, how is the remedy to be applied? The evil could be avoided in no other way than by the Senate sitting always." In regard to the danger of the power being abused if exercised by one man, it was said "that the danger is as great with respect to the Senate, who are assembled from various parts of the continent, with different impressions and opinions;" that such a body is more likely to misuse the power of removal than the man whom the united voice of America calls to the presidential chair. As the nature of Government requires the power of removal, it was maintained "that it should be exercised in this way by the hand capable of exerting itself with effect, and the power must be conferred on the President by the Constitution as the executive officer of the Government." Mr. Madison, whose adverse opinion in the Federalist had been relied upon by those who denied the exclusive power, now participated in the debate. He declared that he had reviewed his former opinions, and he summed up the whole case as follows:
The Constitution affirms that the executive power is vested in the President. Are there exceptions to this proposition? Yes, there are. The Constitution says that in appointing to office the Senate shall be associated with the President, unless, in the case of inferior officers, when the law shall otherwise direct. Have we (that is, Congress) a right to extend this exception? I believe not. If the Constitution has invested all executive power in the President, I return to assert that the Legislature has no right to diminish or modify his executive authority. The question now resolves itself into this: is the power of displacing an executive power? I conceive that if any power whatever is in the Executive, it is in the power of appointing, overseeing, and controlling those who execute the laws. If the Constitution had not qualified the power of the President in appointing to office by associating the Senate with him in that business, would it not be clear that he would have the right by virtue of his executive power to make such appointment? Should we be authorized, in defiance of that clause in the Constitution—the executive power shall be vested in the President—to unite the Senate with the President in the appointment to office? I conceive not. It is admitted that we should not be authorized to do this, I think it may be disputed whether we have a right to associate there in removing persons from office, the one power being as much of an executive nature as the other; and the first is authorized by being excepted out of the general rule established by the Constitution in these words: 'The executive power shall be vested in the President.'
The question thus ably and exhaustively argued was decided by the House of Representatives, by a vote of 34 to 20, in favor of the principle that the executive power of removal is vested by the Constitution in the Executive, and in the Senate by the casting vote of the Vice President. The question has often been raised in subsequent times of high excitement, and the practice of the Government has nevertheless conformed in all cases to the decision thus early made. * * * Chancellor Kent's remarks on the subject are as follows:
On the first organization of the Government it was made a question whether the power of removal in case of officers appointed to hold at pleasure resided nowhere but in the body which appointed, and, of course, whether the consent of the Senate was not requisite to remove. This was the construction given to the Constitution while it was pending for ratification before the State conventions by the author of the Federalist. But the construction which was given to the Constitution by Congress, after great consideration and discussion, was different. The words of the act (establishing the Treasury Department) are: 'And whenever the same shall be removed from office by the President of the United States, or in any other case of vacancy in the office, the assistant shall act.' This amounted to a legislative construction of the Constitution, and it has ever since been acquiesced in and acted upon as decisive authority in the case. It applies equally to every other officer of the Government appointed by the President, whose term of duration is not specially declared. It is supported by the weighty reason that the subordinate officers in the executive department ought to hold at the pleasure of the head of the Department, because he is invested generally with the executive authority, and the participation in that authority by the Senate was an exception to a general principle and ought to be taken strictly. The President is the great responsible officer for the faithful execution of the law, and the power of removal was incidental to that duty, and might often be requisite to fulfill it.
Thus has the important question presented by this bill been settled, in the language of the late Daniel Webster (who, while dissenting from it, admitted that it was settled), by construction, settled by precedent, settled by the practice of the Government, and settled by statute.
The events of the last war furnished a practical confirmation of the wisdom of the Constitution as it has hitherto been maintained in many of its parts, including that which is now the subject of consideration. When the war broke out rebel enemies, traitors, abettors, and sympathizers were found in every department of the Government, as well in the civil service as in the land and naval military service. They were found in Congress and among the keepers of the Capitol, in foreign missions, in each and all of the Executive Departments, in the judicial service, in the Post Office, and among the agents for conducting Indian affairs; and upon probable suspicion they were promptly displaced by my predecessor, so far as they held their offices under executive authority, and their duties were confided to new and loyal successors. No complaints against that power or doubts of its wisdom, were entertained in any quarter.
Having at an early period accepted the Constitution in regard to the executive office in the sense in which it was interpreted with the concurrence of its founders, I have found no sufficient grounds in the arguments now opposed to that construction or in any assumed necessity of the times for changing those opinions. For these reasons I return the bill to the Senate, in which House it originated, for the further consideration of Congress, which the Constitution prescribes. Insomuch as the several parts of the bill which I have not considered are matters chiefly of detail, and are based altogether upon the theory of the Constitution from which I am obliged to dissent, I have not thought it necessary to examine them with a view to make them an occasion of distinct and special objections. Experience, I think, has shown that it is the easiest, as it is also the most attractive, of studies to frame constitutions for the self-government of free States and nations.
But I think experience has equally shown that it is the most difficult of all political labors to preserve and maintain such free constitutions of self government when once happily established. I know no other way in which they can be preserved and maintained except by a constant adherence to them through the various vicissitudes of national existence, with such adaptations as may become necessary, always to be effected, however, through the agencies and in the forms prescribed in the original constitutions themselves. Whenever administration fails or seems to fail in securing any of the great ends for which Republican Government is established, the proper course seems to be to renew the original spirit and forms of the Constitution itself.
Andrew Johnson
The bill was promptly passed in both Houses over the President's veto and became a law.
As pertinent and incident to the history of this controversy, is the communication of the President notifying the Senate of the suspension of Mr. Stanton, Aug. 12, 1867. The President said:
The Tenure-of-Office Act did not pass without notice. Like other acts, it was sent to the President for approval. As is my custom I submitted it to the consideration of my Cabinet for their advice whether I should approve it or not. I was a grave question of constitutional law, in which I would of course rely mostly upon the opinion of the Attorney General, and of Mr. Stanton, who had once been Attorney General. EVERY MEMBER OF MY CABINET ADVISED ME THAT THE PROPOSED LAW WAS UNCONSTITUTIONAL. All spoke without doubt or reservation; but MR. STANTON'S CONDEMNATION OF THE LAW WAS THE MOST ELABORATE AND EMPHATIC. He referred to the Constitutional provisions, the debates in Congress, especially to the speech of Mr. Buchanan when a Senator, to the decisions of the Supreme Court, and to the usage from the beginning of the Government through every successive administration, all concurring to establish the right of removal as vested in the President. To all these he added the weight of his own deliberate judgment, and advised me that it was my duty to defend the power of the President from usurpation and veto the law.
During the recess of Congress in the Summer of 1867, the President suspended Mr. Stanton from the War Office and appointed Gen. Grant Secretary of War ad interim. Gen. Grant was then understood as supporting the President in his controversy with Mr. Stanton, and promptly accepted the appointment, holding it until the following December, when the change was duly reported to the Senate. The Senate refused to sanction Mr. Stanton's suspension, and he consequently resumed his position of Secretary of War and retained it until the close of the Impeachment trial—the Senate then, in effect, by rejecting the Impeachment, declaring that the President had the right to remove him.
Very naturally, after Mr. Stanton's restoration to the War Office by the refusal of the Senate to sanction his suspension, the relations between himself and the President were embittered and many efforts were made by mutual friends to induce Mr. Stanton to resign. Conspicuous among these were Gen. Grant, the General of the Army, and Gen. Sherman, the next in rank, as shown in the following note from Gen. Sherman to the President; but a few weeks before the crisis came. It explains itself, as showing the relations then subsisting between the parties mentioned:
332 K St., Washington, Jan, 18th.
I regretted, this morning, to say that I had agreed to go down to Annapolis, to spend Monday with Admiral Porter. Gen. Grant has to leave for Richmond on Monday morning at 6 o'clock. At a conversation with the General, after an interview wherein I offered to go with him on Monday morning to Mr. Stanton and say it was our joint opinion that he should resign, it was found impossible by reason of his going to Richmond and my going to Annapolis. The General proposed this course. He will tell you to-morrow and offer to go to Mr. Stanton to say that for the good of the service of the country he ought to resign—this on Sunday. On Monday, I will call on you, and if you think it necessary, I will do the same—call on Mr. Stanton and tell him he should resign. If he will not, then it will be time to consider ulterior measures. In the meantime, it also happens that no necessity exists for precipitating measures.
Yours truly, W. T. Sherman.
On Saturday, February 23, 1868, the day following the removal of Mr. Stanton, Mr. Johnson sent to the Senate the name of Mr. Thomas Ewing, senior, of Ohio, as his successor. The Senate had adjourned for the day when the President's Secretary reached the Capitol, between 12 and 1 o'clock, but the nomination was formally communicated on the following Monday. Of this nomination, Mr. Blaine has written, that "no name could have given better assurance of good intentions and upright conduct than that of Mr. Ewing. He was a man of lofty character, of great eminence in his profession of the law, and with wide and varied experience in public life. He had held high rank as a Senator in the Augustan period of the Senate's learning and eloquence, and he had been one of the ablest members of the distinguished Cabinets organized by the only two Presidents elected by the Whig Party. He had reached the ripe age of seventy-eight years, but still in complete possession of all his splendid faculties. He had voted for Mr. Lincoln at both elections, had been a warm supporter of the contest for the union, and was represented by his own blood on many of the great battlefields of the war."
No notice was taken by the Senate of this nomination.
Here was offered an opportunity for the settlement of the dispute over the War Office on fair and honorable terms to all parties concerned. But that was not what the impeachers wanted. They wanted to get Mr. Johnson out. They thought they had a pretext that they could sustain by making it a party question, and did not want a settlement on any other terms—so no attention was given to Mr. Ewing's nomination. It was ignored and the impeachment movement went on.
Mr. Johnson's veto of the Tenure-of-Office Bill, and the passage of that bill over his veto, of course intensified the antagonism between himself and Congress. He not unnaturally regarded that Act as an infringement of the Executive function which it was his duty to his office and to himself to resent. The culmination came upon his official notification to the Senate on February 21st, 1868, of his removal of Mr. Stanton from the office of Secretary of War, and his appointment of Gen. Lorenzo Thomas as Secretary ad interim, nothwithstanding the assumed interdiction of the Tenure-of-Office Act.
Immediately on receipt of this notification, the Senate went into executive session, and the following proceeding was had:
IN EXECUTIVE SESSION Senate of the United States February 21st, 1868
Whereas, The Senate have read and considered the communication of the President, stating that he had removed Edwin M. Stanton, Secretary of War, and had designated the Adjutant General of the Army to act as Secretary of War ad interim. interim... Therefore,
Resolved, by the Senate of the United States, That under the Constitution and laws of the United States, the President has no power to remove the Secretary of War and designate any other officer to perform the duties of that office ad interim.
The journal of the Senate shows that this Resolution was adopted by the following vote:
Yeas—Messrs. Cameron, Cattell, Cole, Conkling, Cragin, Drake, Ferry, Harlan, Morrill of Maine, Morrill of Vermont, Morton, Patterson of New Hampshire, Pomeroy, Ramsay, Ross, Sprague, Stewart. Sumner. Thayer, Tipton, Trumbull. Van Winkle, Wade, Willey Williams. Wilson. Yates—23.
Nays—Messrs. Buckalew, Davis, Doolittle, Edmunds, Hendricks, Patterson of Tennessee—6.
Absent or not voting—20. Note. (Note—It is due to myself to say here, that the entry of my name in the above vote, was incorrect. My distinct recollection is, that though present, I declined to vote, and from the consideration mentioned. I was totally unaware of my name being recorded as voting on the proposition until long after I left the Senate, when of course there was no opportunity to secure a correction of the journal.)
This was an extraordinary proceeding. A proposition to impeach the President had till recently been pending in the House for nearly a year, and the ingenuity of the majority had been taxed to the utmost to find some basis for an indictment upon which a successful impeachment might be possible. There is ground for the suggestion that much was hoped for in that direction from the Tenure-of-Office Bill, at least so far as the House was concerned. That hoped for opportunity had now come—nor is it an unreasonable surmise, that this very extraordinary action of the Senate was forced by outside as well as inside influences for the purpose of testing the Senate, and committing it in advance and in anticipation of the preferment of another impeachment by the House.
As to the question of the guilt or innocence of the President of the commission of an impeachable offense, this vote of the Senate was in the nature of a vote of "guilty." It was therefore to a degree an impeachment and conviction combined by the Senate, prior to the bringing of an accusation by the House of Representatives, the constitutional body for the preferment of an impeachment of the President—and was an improper, and not far removed from an indecent proceeding on the part of the Senate. In effect, the President was thereby condemned by the Senate without trial, and his later arraignment was simply to receive sentence-it being solely upon the removal of Mr. Stanton that the impeachment was brought by the House.
It is noticeable, and possibly indicative, that the names of twenty out of fifty-four members of the Senate do not appear in this list—a very unusual occurrence in divisions of that body; especially in the exciting conditions that then prevailed. The absentees, or at least abstentions from voting, were fifteen Republicans and five Democrats, more than one-third of the body. That very unusual absence or abstention from voting may well be attributed to the very proper hesitancy of Senators to commit themselves in advance, either way, on a proposition that was reasonably certain to lead to an impeachment of the President, then virtually pending and imminent in the House, and upon which the Senate was equally certain to be called upon to act.
The action of the President was also communicated to the House of Representatives by Mr. Stanton, at the same hour of the same day, February 21st, 1868, in the following communication, enclosing a copy of the President's notification of his dismissal.
War Department, Washington City, Feb. 21, 1868.
Sir:—Gen. Thomas has just delivered to me a copy of the enclosed order, which you will please communicate to the House of Representatives.
(Signed) E. M. Stanton, Secretary of War. Hon. Schuyler Colfax, Speaker House of Representatives.
This gave new life to the impeachment cause, which had a few weeks before been defeated in the House and since then had, for lack of material, been laming, to the discouragement of many of its advocates: and the gleeful ejaculations, on the floor of the House, in the lobbies, and on the streets, on receipt of this news, and more especially after the action of the Senate became known, which was not long in reaching the public, with a common greeting slid clasping of hands: "Well, we've got him now!"
The communication of Mr. Stanton to the House of Representatives was immediately, after reading, referred to the Committee on Reconstruction.
In the evening of the same day, Mr. Covode, of Pennsylvania, offered a resolution to impeach the President, which was also referred to the same Committee.
On the next day, Feb. 22d, 1868, Mr. Stevens, Chairman of that Committee, made the following report:
The Committee on Reconstruction, to whom was referred, on the 27th day of January last, the following resolution:
Resolved, That the Committee on Reconstruction be authorized to inquire what combinations have been made or attempted to be made to obstruct the due execution of the laws; and to that end the committee have power to send for persons and papers and to examine witnesses oil oath, and report to this House what action, if any, they may deem necessary; and that said committee bade leave to report at any time.
And to whom was also referred, on the 21st day of February, instant, a communication from Hon. Edwin M. Stanton, Secretary of War, dated on said 21st day of February, together with a copy of a letter from Andrew Johnson, President of the United States, to the said Edwin M. Stanton, as follows:
Executive Mansion, Washington. D. C., Feb. 21, 1868.
Sir:-By virtue of the power and authority vested in me, as President, by the Constitution and laws of the United States, you are hereby removed from office as Secretary for the Department of War, and your functions as such will terminate upon the receipt of this communication.
You will transfer to Brevet Major General Lorenzo Thomas, Adjutant General of the Army, who has this day been authorized and empowered to act as Secretary of War ad interim, all records, books, papers, and other public property now in your custody and charge.
Respectfully yours. Andrew Johnson. Hon. Edwin M. Stanton, Washington, D. C.
And to whom was also referred by the House of Representatives the following resolution, namely:
Resolved, That Andrew Johnson, President of the United States, be impeached of high crimes and misdemeanors.
Have considered the several subjects referred to them, and submit the following report:
That in addition to the papers referred to the committee, the committee find that the President, on the 21st day of February, 1868, signed and issued a commission or letter of authority to one Lorenzo Thomas, directing and authorizing said Thomas to act as Secretary of War ad interim, and to take possession of the books, records, and papers, and other public property in the War Department, of which the following is a copy:
Executive Mansion, Washington, Feb. 21, 1868.
Sir:—Hon. Edwin M. Stanton having been this day removed from office as Secretary for the Department of War, you are hereby authorized and empowered to act as Secretary of War ad interim, and will immediately enter upon the discharge of the duties pertaining to that office. Mr. Stanton has been instructed to transfer to you all the records, books, papers, and other public property now in his custody and charge.
Respectfully yours, Andrew Johnson.
To Brevet Major General Lorenzo Thomas, Adjutant General of the United States Army. Washington, District of Columbia.
Official copy respectfully furnished to Hon. Edwin M. Stanton.
L. Thomas. Secretary of War ad interim.
Upon the evidence collected by the committee, which is herewith presented, and in virtue of the powers with which they have been invested by the House, they are of the opinion that Andrew Johnson, President of the United States, be impeached of high crimes and misdemeanors. They therefore recommend to the House the adoption of the accompanying resolution. Thaddeus Stevens, George S. Boutwell, John A. Bingham, C. T. Hulburd, John F. Farnsworth, F. C. Beaman, H. E. Paine.
Resolution providing for the impeachment of Andrew Johnson, President of the United States.
Resolved, That Andrew Johnson, President of the United States, be impeached of high crimes and misdemeanors in office.
The following is a brief synopsis of the debate which ensued: Mr. Stevens, of Pennsylvania. Mr. Speaker, it is not my intention in the first instance to discuss this question; and if there be no desire on the other side to discuss it we are willing that the question should be taken upon the knowledge which the House already has. Indeed, the fact of removing a man from office while the Senate was in session without the consent of the Senate, if there were nothing else, is of itself, and always has been considered, a high crime and misdemeanor, and was never before practiced. But I will not discuss this question unless gentlemen on the other side desire to discuss it. It they do, I shall for the present give way to them and say what I have to say in conclusion.
Mr. Brooke, (Dem. of N. Y.) Mr. Speaker, I had hoped to have an opportunity, at least, to submit a minority report before we entered upon this august proceeding of impeaching the chief executive officer of this Government. But after a session of the Committee on Reconstruction, hardly an hour in length, violating an express rule of this House by sitting during the session—for Rule 72, provides that no committee shall sit during the session of the House without special leave—we have been summoned upon a very partial submission of facts, without any comprehension, in reality, of the charges which are made against the President of they United States, upon a new indictment, in a new form once more, and in a more alarming manner than ever, in this but a partial Congress, representing but a section of a portion of the people—in my judgment not representing the people of the United States at all—to act as a grand jury, with a large portion of that grand jury excluded from the jury-room here; and suddenly, impromptu perhaps, a vote is to be forced this very day—to impeach the President of the United States!
I am utterly inadequate to discharge the duty which has devolved upon me on this august day, the anniversary of the birthday of the Father of his country. I am utterly unable upon this occasion either to do my duty to the people or to express myself with that deep solemnity which I feel in rising to resist this untoward, this unholy, this unconstitutional proceeding. Indeed, I know not why the ghost of impeachment has appeared here in a new form. We have attempted to lay it hitherto, and we have successfully laid it upon the floor of this House. But a minority of the party on the other side, forcing its influence and its power upon a majority of a committee of this House, has at last succeeded in compelling its party to approach the House itself in a united, and therefore in a more solemn form, and to demand the impeachment of the President of the United States.
Sir, we have long been in the midst of a revolution. Long, long has our country been agitated by the throes of that revolution. But we are now approaching the last and the final stage of that revolution in which, like many revolutions that have preceded it, a legislative power not representing the people attempts to depose the executive power, and thus to overthrow that constitutional branch of the Government.
There is nothing new in all this. There is nothing new in what we are doing, for men of the present but repeat the history of the past. We are traversing over and over again the days of Cromwell and Charles I and Charles II, and we are traversing over and over again the scenes of the French revolution, baptized in blood in our introductory part, but I trust in God never again to be baptized by any revolutionary proceeding on the part of this House.
I have not and never have been a defender of all the opinions of General Jackson, but those on the other side who pretend to hold him as authority and those on this side who have ever held him as authority will find that in uttering the opinions which I have I but reutter the opinions which he advanced in his veto of July 10, 1832, when he said:
The Congress, the Executive, and the court must each for itself be guided by its own opinion of the Constitution. Each public officer who takes the oath to support the Constitution swears that he will support it as he understands it, and not as it is understood by others.
The President of the United States has given his opinion upon the official tenure-of-office act and upon the Constitution of the United States by the appointment of Adjutant General Thomas as Secretary of War ad interim. and because of the exercise of that Constitutional right we are called upon here at once to pronounce him guilty of high crimes and misdemeanors and to demand his deposition and degradation therefor. * * * * *
Mr. Spalding, (Rep. of Ohio). Mr. Speaker, I feel myself to be in no proper frame of mind or heart to attempt rhetorical display on this occasion. I can appreciate the sentiments of the gentleman from New York [Mr. Brooks] when he says the question before us is filled with solemnity; but when he attempts by gasconade to deter members on this side of the House from the conscientious discharge of their duty I say to my friend that he has mistaken his calling. Sir, no more important duty could be devolved upon this House of Representatives than that of considering the question whether articles of impeachment shall be preferred against the Chief Magistrate of the United States; and for long months, ay, for more than a year, sir. I have resisted, with all my efforts and all my personal influence, the approach of that crisis which is now upon us and before us. The President has done many, very many, censurable acts: but I could not, on my conscience, say that he should be holden to answer upon a charge of "high crimes and misdemeanors" until something could be made tangible whereby he had brought himself in open conflict with the Constitution and laws of the union.
It has seemed to me, sir, for weeks, that this high officer of our government was inviting the very ordeal which, I am sorry to say, is now upon us, and the dread consequences of which will speedily be upon him. He has thrown himself violently in contact with an Act of Congress passed on the 2d day of March last by the votes of the constitutional two-thirds of the Senate and two-thirds of the House of Representatives over his veto assigning his reasons for withholding his assent. Now, it matters not how many acts can be found upon the statute books in years gone by that would sanction the removal of a cabinet officer by the President; the gentleman from New York numbers three. He may reckon up thirty or three hundred and still if, within the last six or nine months, Congress has, in a constitutional manner, made an enactment that prohibits such removal, and the executive wantonly disregards such enactment and attempts to remove the officer, he incurs the penalty as clearly and as certainly as if there never had been any legislation to the contrary. That subsequent enactment, if it be constitutional, repeals, by its own force, all other prior enactments with which it may conflict; and in nothing is that enactment more significant than in this, that the President shall not remove any civil officer, who has been appointed by and with the advice and consent of the Senate, without the concurrence of that body, when it is itself in session.
Mr. Bingham, (Rep.) of Ohio. Mr. Speaker, all right-minded men must concede that the question under consideration is one of supreme moment to till the people of the Republic. I protest for myself, sir, that I am utterly incapable of approaching the discussion of this question in the spirit of a partisan. I repel, sir, the intimation of the gentleman from New York, Mr. Brooks, that I am careless of the obligation of my oath or unconcerned about the supremacy of the Constitution and the laws. I look upon the Constitution of the country as the very breath of the nation's life. I invoke this day upon the consideration of this great question the matchless name of Washington, as did the gentleman, and ask him, in the consideration of the matter now before us, to ponder upon those deathless words of the Father of our Country, wherein he declares that "the Constitution which at any time exists, till changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all"—upon all sir, from the President to the humblest citizen—standing within the jurisdiction of the Republic. Washington but echoed the words that himself and his associates had imbedded in the text of the Constitution, that "this Constitution and the laws passed in pursuance thereof shall be the supreme law of the land." It shall be supreme over every officer; it shall be supreme over every State; it shall be supreme over every territory; it shall be supreme upon every deck covered by your flag in every zone all round the globe. Every man within its jurisdiction, official and unofficial, must bow to the supremacy of the Constitution.
The gentleman says that the issue involved is an issue about an office. I beg the gentleman's pardon. The issue involved is whether the supremacy of the Constitution shall be maintained by the people's Representatives. The President of the United States has assumed, sir, to set himself above the Constitution and the laws. He has assumed to defy the law, he has assumed to challenge the people's Representatives to sit in judgment upon his malfeasance in office. Every man who has considered it worth while to observe my conduct touching this question that has so long agitated this House and agitated this country may have discovered that I have kept myself back and have endeavored to keep others back from making any unnecessary issue between the President and Representatives of the people touching the manner in which he discharged the duties of his great office. I had no desire, sir, to have resort unnecessarily to this highest power reposed by the people in their Representatives and their Senators for the vindication of their own violated Constitution and violated laws. Notwithstanding there was much in the conduct of the President to endanger the peace and repose of the country, yet, so long as there was any doubt upon the question of his liability to impeachment within the text and spirit of the Constitution, I was unwilling to utter one syllable to favor such a proposition or to record a vote to advance it. * * *
Mr. Beck, (Dem. of Ky.) The single question upon which the decision of this House is now to be made is that the President has attempted to test the constitutionality of a law which he believes to be unconstitutional. All the testimony heretofore presented upon which to base an impeachment of the President was decided by even a majority of the Republican members 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, and were not brought before this House. And the sole question now before us is, 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, and an act of Congress undertakes to deprive him of those powers, or any of them, he would be false to his trust as the Chief Executive of this nation, false to the interests of the people whom he represents, if he did not by every means in his power seek to test the constitutionality of that law, and to take whatever steps were necessary and proper to have it tested by the highest tribunal in the land, and to ascertain whether he has a right under the Constitution to do what he claims the right to do, 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, and that is all that he proposes to do in this case. * * *
Mr. Logan, (Rep. of Ills.) Now, Mr. Speaker, let us examine this question for a moment. It seems to me very plain and easy of solution. It is not necessary, in order to decide whether this action of the President of the United States comes within the purview and meaning of this statute, 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, 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 the point of order.
The Speaker pro tempore. Up to this point the discussion has been pertinent and germane to the question—very closely so—and the Chair is compelled to rule, the question of order being raised, that this is not germane or in order. The gentleman from Indiana will proceed in order.
Mr. Holman: I suppose, Mr. Speaker, 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, from the morning of February 22, notwithstanding it was a National Holiday, such was the haste of the impeachers, to the evening of the 24th, almost without interruption. It was at times illustrated by marked ability, 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, on the 21st day of February, 1868, issued his commission or letter of authority to one Lorenzo Thomas, appointing him Secretary of War ad interim. and commanded him to take possession of the Department of War and to eject the incumbent. E M. Stanton, then in lawful possession of said office. Here, if this act stood alone, would be an undeniable official misdemeanor—not only a misdemeanor per se, but declared to be so by the act itself, and the party made indictable and punishable in a criminal proceeding. If Andrew Johnson escapes with bare removal from office, if he be not FINED AND INCARCERATED IN THE PENITENTIARY AFTERWARD UNDER CRIMINAL PROCEEDINGS, 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, if he would unite with him in his lawless violence, 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, article two, section two, the President has power to nominate and, by and with the advice and consent of the Senate, to appoint all officers of the United States whose appointments are not therein otherwise provided for and which shall be established by law, and to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their nest session. Nowhere, either in the Constitution or by statute, 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, and yet, on the 21st day of February, 1868, while the Senate was in session, he notified the head of the War Department that he was removed from office and his successor ad interim appointed. Here is a plain, recorded violation of the Constitution and laws, which, if it stood alone, 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 disposition of the conquered country BELONGED TO CONGRESS ALONE, according to every principle of the law of nations.
Neither the Executive nor the judiciary had any right to interfere with it except so far as was necessary to control it by military rule until the SOVEREIGN POWER OF THE NATION had provided for its civil administration. No power but Congress had any right to say WHETHER EVER OR WHEN they should be admitted to the union as States and entitled to the privileges of the Constitution of the United States. And yet Andrew Johnson, with unblushing hardihood, undertook to rule them by his own power alone; to lead them into full communion with the union: direct them what governments to erect and what constitutions to adopt, and to send Representatives and Senators to Congress according to his instructions. When admonished by express act of Congress, more than once repeated, he disregarded the warning and continued his lawless usurpation. He is since known to have obstructed the re-establishment of those governments by the authority of Congress, and has advised the inhabitants to resist the legislation of Congress. In my judgment his conduct with regard to that transaction was a high-handed usurpation of power which ought long ago to have brought him to impeachment and trial and to have removed him from his position of great mischief.
I trust that when we come to vote upon this question we shall remember that although it is the duty of the President to see that the laws be executed, THE SOVEREIGN POWER OF THE NATION RESTS IN CONGRESS, who have been placed around the executive as muniments to defend his rights, and as watchmen to enforce his obedience to the law and the Constitution. His oath to obey the Constitution and our duty to compel him to do it are a tremendous obligation, heavier than was ever assumed by mortal rulers. We are to protect or to destroy the liberty and happiness of a mighty people, and to take care that they progress in civilization and defend themselves against every kind of tyranny. As we deal with the first great political malefactor so will be the result of our efforts to perpetuate the happiness and good government of the human race. The God of our fathers, who inspired them with the thought of universal freedom, will hold us responsible for the noble institutions which they projected and expected us to carry out.
The Clerk then read the Resolution and the House proceeded to vote, as follows:
Resolution providing for the impeachment of Andrew Johnson, President of the United States:
Resolved, That Andrew Johnson, President of the United States, be impeached of high crimes and misdemeanors in office.
Yeas—Messrs. Allison, Ames, Anderson, Arnell, Delos R. Ashley, James M. Ashley, Bailey, Baker, Baldwin, Banks, Beaman, Beatty, Benton, Bingham, Blaine, Blair, Boutwell, Bromwell, Broomall. Buckland, Butler, Cake, Churchill, Reader W. Clarke, Sidney Clarke, Cobb, Coburn, Cook, Cornell, Covode, Cullom, Dawes, Dodge, Driggs, Eckley, Eggleston, Eliot, Farnsworth, Ferries. Ferry, Fields, Gravely, Griswold, Halsy, Harding, Higby, Hill, Hooper, Hopkins, Asahel W. Hubbard, Chester D. Hubbard, Hulburd, Hunter, Ingersoll, Jenckes, Judd, Julian, Kelley, Kelsey, Ketcham, Kitchen Laflin, George V. Lawrence, William Lawrence, Lincoln, Loan, Logan, Loughridge, Lynch, Mallory, Marvin, McCarthy, McClurg, Mercur, Miller, Moore, Moorhead, Morrell, Mullins, Myers, Newcomb, Nunn, O'Neill, Orth, Paine, Perham, Peters, Pike, Pile, Plants, Poland, Polsley, Price, Raum, Robertson, Sawyer, Schenck, Scofield, Selye, Shanks, Smith, Spalding, Starkweather, Aaron F. Stevens, Thaddeus Stevens, Stokes, Taffe, Taylor, Trowbridge, Twitchell, Upson, Van Aernam. Burt Van Horn, Van Wyck, Ward, Cadwalader C. Washburn, Elihu B. Washburn, Williams, Washburn, Welker, Thomas Williams, James F. Wilson, John T. Wilson, Stephen F. Wilson, Windom, Woodbridge and the Speaker—126.
Nays—Messrs. Adams, Archer, Axtell, Barnes, Barnum, Beck, Boyer, Brooks, Burr, Cary, Chanler, Eldridge, Fox, Getz, Glossbrenner, Galladay, Grover, Haight, Holman, Hotchkiss, Richard D. Hubbard, Morrissey, Mungen, Niblack, Nicholson, Phelps, Pruyn, Randall, Ross, Sitgreaves, Stewart, Stone, Taber, Lawrence S. Trimble, Van Auken, Van Trump, Wood and Woodward—47.
On motion of Mr. Stevens the following resolutions were adopted:
Resolved, That a committee of two be appointed to go to the Senate and, at the bar thereof, in the name of the House of Representatives and of all the people of the United States, to impeach Andrew Johnson, President of the United States, of high crimes and misdemeanors in office, and acquaint the Senate that the House of Representatives will, in due time, exhibit particular articles of impeachment against him and make good the same; and that the committee do demand that the Senate take order for the appearance of said Andrew Johnson to answer to said impeachment.
Resolved, That a committee of seven be appointed to prepare and report articles of impeachment against Andrew Johnson, President of the United States, with power to send for persons, papers and records, and to take testimony under oath.
The Speaker announced the following committee under these resolutions:
Committee to Communicate to the Senate to the Senate the action of the House ordering AN IMPEACHMENT of the of the President of the United States.—-Thaddeus Stevens, of Pennsylvania, and John A. Bingham, of Ohio.
Committee to declare articles of Articles of Impeachment against the President of the United States.—George S. Boutwell of Massachusetts; Thaddeus Stevens, of Pennsylvania; John A. Bingham, of Ohio; James F. Wilson, of Iowa; John A. Logan, of Illinois; George W. Julian, of Indiana, and Hamilton Ward, of New York.
THE PRESIDENT'S ANSWER.
On February 25th, 1868, Messrs. Stevens and Bingham, a committee of the House, appeared at the bar of the Senate, and Mr. Stevens said:
Mr. President, in obedience to the order of the House of Representatives, we appear before you, and in the name of the House of Representatives and of all the people of the United States, we do impeach Andrew Johnson, President of the United States, of high crimes and misdemeanors in office; and we further inform the Senate that the House of Representatives will in due time exhibit particular articles of impeachment against hint and make good the same; and in their name we demand that the Senate take order for the appearance of said Andrew Johnson to answer said impeachment.
The committee retired, and after debate the following resolution was adopted by the Senate:
Resolved, That the Message of the House of Representatives relating to the impeachment of Andrew Johnson. President of the United States, be referred to a select committee of seven, to consider and report thereon.
On the 26th, Mr. Howard, from the select committee appointed to consider and report upon the Message of the House of Representatives in relation to the impeachment of Andrew Johnson, President of the United States, reported the following resolution:
Whereas, the House of Representatives on the 25th day of the present month, by two of their members, Messrs. Thaddeus Stevens and John A. Bingham, at the bar of the Senate, impeached Andrew Johnson, President of the United States, of high crimes and misdemeanors in office, and informed the Senate that the House of Representatives will in due time exhibit particular articles of impeachment against him and make good the same; and likewise demanded that the Senate take order for the appearance of said Andrew Johnson, to answer to the said impeachment: Therefore,
Resolved, That the Senate will take proper order thereon, of which due notice shall be given to the House of Representatives.
On the 28th, Mr. Howard, of the select Committee appointed to prepare rules for the government of trials of impeachment, reported a series of rules, which were adopted by the Senate on March 2nd, after a three days debate.
On the same day, the following gentlemen were elected by the House of Representatives as Managers to conduct the prosecution of the impeachment of the President before the Senate: Hons. Jno. A. Bingham, of Ohio; George S. Boutwell, of Massachusetts; James F. Wilson, of Iowa; Benj. F. Butler, of Massachusetts; John A. Logan, of Illinois; Thomas Wilson, of Pennsylvania, and Thaddeus Stevens, of Pennsylvania.
On March 3rd it was ordered by the Senate:
That the Secretary of the Senate inform the House of Representatives that the Senate is ready to receive the managers appointed by the House of Representatives to carry to the Senate articles of impeachment against Andrew Johnson, President of the United States.
In the Senate, on the 4th, the following formal proceedings were had:
The managers of the impeachment on the part of the House of Representatives appeared at the bar, and their presence was announced by the Sergeant-at-Arms.
The President pro tempore: The managers of the impeachment will advance within the bar and take the seats provided for them.
The managers came within the bar and took the seats assigned to them in the area in front of the Vice President's Chair.
The Speaker of the House of Representatives advanced and took a seat on the right of the President pro tempore of the Senate.
Mr. Manager Bingham:
Mr. President, the managers on the part of the House of Representatives, by order of the House, are ready at the bar of the Senate, whenever it may please the Senate to hear them, to present articles of impeachment and in maintenance of the impeachment preferred against Andrew Johnson, President of the United States, by the House of Representatives.
The President pro tempore:
The Sergeant-at-arms will make proclamation.
The Sergeant-at-arms:
Hear ye! Hear ye! All persons are commanded to keep silence, on pain of imprisonment, while the House of Representatives is exhibiting to the Senate of the United States, articles of impeachment against Andrew Johnson, President of the United States.
The managers then rose and remained standing, with the exception of Mr. Stevens, who was too feeble to do so, while Mr. Manager Bingham read the articles of impeachment, as follows:
Articles exhibited by the House of Representatives of the United States, in the name of themselves and all the people of the United States, against Andrew Johnson, President of the United States, in maintenance and support of their impeachment against him for high crimes and misdemeanors in ofce.
ARTICLE I.
That said Andrew Johnson, President of the United States, on the 21st day of February, in the year of our Lord eighteen hundred and sixty-eight, at Washington, in the District of Columbia, unmindful of the high duties of his office, of his oath of office, and of the requirement of the Constitution that he should take care that the laws be faithfully executed, did unlawfully, and in violation of the Constitution and laws of the United States issue an order in writing for the removal of Edwin M. Stanton from the office of Secretary for the Department of War, said Edwin M. Stanton having been theretofore duly appointed and commissioned by and with the advice and consent of the Senate of the United States, as such secretary, and said Andrew Johnson, President of the United States, on the twelfth day of August in the year of our Lord eighteen hundred and sixty-seven, and during the recess of said Senate, having suspended by his order Edwin M. Stanton from said office, and within twenty days after the first day of the next meeting of said Senate, that is to say, on the twelfth day of December in the year last aforesaid having reported to said Senate such suspension with the evidence and reasons for his action in the case and the name of the person designated to perform the duties of such office temporarily until the next meeting of the Senate, and said Senate thereafterwards, on the thirteenth day of January, in the year of our Lord eighteen hundred and sixty-eight, having duly considered the evidence and reasons reported by said Andrew Johnson for said suspension, and having refused to concur in said suspension, whereby and by force of the provisions of an act entitled "An Act regulating the tenure of certain civil offices," passed March second, eighteen hundred and sixty-seven, said Edwin M. Stanton did forthwith resume the functions of his office, whereof the said Andrew Johnson had then and there due notice, and said Edwin M. Stanton, by reason of the premises, on said 21st day of February, being lawfully entitled to hold said office of Secretary for the Department of War, which said order for the removal of said Edwin M. Stanton is in substance as follows, that is to say:
Executive Mansion, Washington, D. C., Feb. 21, 1868.
Sir:—By virtue of the power and authority vested in me as President by the Constitution and laws of the United States you are hereby removed from office as Secretary for the Department of War, and your functions as such will terminate upon the receipt of this communication.
You will transfer to Brevet Major General Lorenzo Thomas, Adjutant General of the army, who has this day been authorized and empowered to act as Secretary of War ad interim. all records, books, papers, and other public property now in your custody and charge.
Respectfully yours, Andrew Johnson. To the Hon. Edwin M. Stanton, Washington, D. C.
Which order was unlawfully issued with intent then and there to violate the act entitled "An Act regulating the tenure of certain civil offices," passed March 2d, 1867, and with the further intent contrary to the provisions of said act, in violation thereof, and contrary to the provisions of the Constitution of the United States, and without the advice and consent of the Senate of the United States, the said Senate then and there being in session, to remove said Edwin M. Stanton from the office of Secretary for the Department of War, the said. Edwin M. Stanton being then and there Secretary for the Department of War, and being then and there in the due and lawful execution and discharge of the duties of said office, whereby said Andrew Johnson. President of the United States, did then and there commit and was guilty of a high misdemeanor in office.
ARTICLE II.
That on the said twenty-first of February, in the year of our Lord one thousand eight hundred and sixty-eight, at Washington, in the District of Columbia, said Andrew Johnson, President of the United States, unmindful of the high duties of his office, of his oath of office, and in violation of the Constitution of the United States, and contrary to the provisions of an act entitled "An act regulating the tenure of certain civil offices," passed March second, eighteen hundred and sixty-seven, without the advice and consent of the Senate of the United States, said Senate then and there being in session, and without authority of law, did, with intent to violate the Constitution of the United States, and the act aforesaid, issue and deliver to one Lorenzo Thomas a letter of authority in substance as follows, that is to say:
Executive Mansion. Washington, D. C., February 21, 1868.
Sir:—The Hon. Edwin M. Stanton having been this day removed from office as Secretary for the Department of War, you are hereby authorized and empowered to act as Secretary of War ad interim, and will immediately enter upon the discharge of the duties pertaining to that office.
Mr. Stanton has been instructed to transfer to you all the records, books, papers, and other public property now in his custody and charge.
Respectfully yours, Andrew Johnson. To Brevet Major General Lorenzo Thomas. Adjutant General U. S. Army, Washington, D. C.
Then and there being no vacancy in said offce of Secretary for the Department of War, whereby said Andrew Johnson. President of the United States, did then and there commit and was guilty of a high misdemeanor in office.
ARTICLE III.
That said Andrew Johnson, President of the United States, on the twenty-first day of February, in the year of our Lord one thousand eight hundred and sixty-eight, at Washington, in the District of Columbia, did commit and was guilty of a high misdemeanor in office in this, that, without authority of law, while the Senate of the United States was then and there in session, he did appoint one Lorenzo Thomas to be Secretary for the Department of War ad interim, without the advice and consent of the Senate, and with intent to violate the Constitution of the United States, and no vacancy having happened in said office of Secretary for the Department of War during the recess of the Senate, and no vacancy existing in said office at the time, and which said appointment, so made by said Andrew Johnson, of said Lorenzo Thomas, is in substance as follows, that is to say:
Executive Mansion, Washington, D. C., Feb. 21, 1868. Sir:—The Hon. Edwin M. Stanton having been this day removed from office as Secretary for the Department of War, you are hereby authorized and empowered to act as Secretary of War ad interim, and will immediately enter upon the discharge of the duties pertaining to that office.
Mr. Stanton, has been instructed to transfer to you all the records, books, papers, and other public property now in his custody and charge.
Respectfully yours, Andrew Johnson. To Brevet Major General Lorenzo Thomas, Adjutant General, U. S. Army, Washington, D. C
ARTICLE IV.
That said Andrew Johnson, President of the United States, unmindful of the high duties of his office and of his oath of office, in violation of the Constitution and laws of the United States, on the twenty-first day of February, in the year of our Lord one thousand eight hundred and sixty-eight, at Washington, in the District of Columbia, did unlawfully conspire with one Lorenzo Thomas, and with other persons to the House of Representatives unknown, with intent, by intimidation and threats, unlawfully to hinder and prevent Edwin M. Stanton, then and there the Secretary for the Department of War, duly appointed under the laws of the United Stales, from holding said office of Secretary for the Department of War, contrary to and in violation of the Constitution of the United States, and of the provisions of an act entitled "An act to define and punish certain conspiracies," approved July thirty-first, eighteen hundred and sixty-one, whereby said Andrew Johnson, President of the United States, did then and there commit and was guilty of a high crime in office.
ARTICLE V.
That said Andrew Johnson, President of the United States, unmindful of the high duties of his office and of his oath of office, on the twenty-first day of February, in the year of our Lord one thousand eight hundred and sixty-eight, and on divers other days and times in said year, before the second day of March, in the year, of our Lord one thousand eight hundred and sixty-eight, at Washington, in the District of Columbia, did unlawfully conspire with one Lorenzo Thomas, and with other persons to the House of Representatives unknown, to prevent and hinder the execution of an act entitled "An act regulating the tenure of certain civil offices," passed March second, eighteen hundred and sixty-seven, and in pursuance of said conspiracy, did unlawfully attempt to prevent Edwin M. Stanton, then and there being Secretary for the Department of War, duly appointed and commissioned under the laws of the United States, from holding said office, whereby the said Andrew Johnson, President of the Unite States, did then and there commit and was guilty of a high misdemeanor in office.
ARTICLE VI.
That said Andrew Johnson, President of the United States, unmindful of the high duties of his office and of his oath of office, on the twenty-first day of February, in the year of our Lord one thousand eight hundred and sixty-eight, at Washington, in the District of Columbia, did unlawfully conspire with one Lorenzo Thomas by force to seize, take and possess the property of the United States in the Department of War, and then and there in the custody and charge of Edwin M. Stanton, Secretary for said Department, contrary to the provisions of an act entitled "An act to define and punish certain conspiracies," approved July thirty-one, eighteen hundred and sixty one, and with intent to violate and disregard an act entitled "An act regulating the tenure of certain civil offices," passed March second, eighteen hundred and sixty-seven, whereby said Andrew Johnson, President of the United States, did then and there commit a high crime in office.
ARTICLE VII.
That said Andrew Johnson, President of the United States, unmindful of the high duties of his office and of his oath of office, on the twenty-first day of February, in the year of our Lord one thousand eight hundred and sixty-eight, at Washington, in the District of Columbia, did unlawfully conspire with one Lorenzo Thomas with intent unlawfully to seize, take, and possess the property of the United States in the Department of War, in the custody and charge of Edwin M. Stanton Secretary for said Department, with intent to violate and disregard the act entitled "An act regulating the tenure of certain civil offices" passed March second, eighteen hundred and sixty-seven, whereby said Andrew Johnson, President of the United States, did then and there commit a high misdemeanor in office.
ARTICLE VIII.
That said Andrew Johnson, President of the United States, unmindful of the high duties of his office and of his oath of office, with intent unlawfully to control the disbursements of the moneys appropriated for the military service and for the Department of War, on the twenty-first day of February, in the year of our Lord one thousand eight hundred and sixty-eight, at Washington, in the District of Columbia, did unlawfully and contrary to the provisions of an act entitled "An act regulating the tenure of certain civil offices," passed March second, eighteen hundred and sixty-seven, and in violation of the Constitution of the United States, and without the advice and consent of the Senate of the United States, and while the Senate was then and there in session, there being no vacancy in the office of Secretary for the Department of War, and with intent to violate and disregard the act aforesaid, then and there issue and deliver to one Lorenzo Thomas a letter of authority in writing, in substance as follows, that is to say:
Executive Mansion, Washington, D. C., Feb. 21, 1868.
Sir:—The Hon. Edwin M. Stanton having been this day removed from office as Secretary for the Department of War, you are hereby authorized and empowered to act as Secretary of War ad interim, and will immediately enter upon the discharge of the duties pertaining to that office.
Mr. Stanton has been instructed to transfer to you all the records, books, papers, and other public property now in his custody and charge.
Respectfully yours, Andrew Johnson. To Brevet Major General Lorenzo Thomas, Adjutant General, United States Army, Washington, D. C.
Whereby said Andrew Johnson, President of the United States, did then and there commit and was guilty of a high misdemeanor in office.
ARTICLE IX.
That said Andrew Johnson, President of the United States, on the twenty-second day of February, in the year of our Lord one thousand eight hundred and sixty-eight, at Washington, in the District of Columbia, in disregard of the Constitution, and the laws of the United States duly enacted, as commander-in-chief of the army of the United States, dial bring before himself then and there William H. Emory, a major-general by brevet in the army of the United States, actually in command of the department of Washington and the military forces thereof, and did then and there, as such commander-in-chief, declare to and instruct said Emory that part of a law of the United states, passed March second, eighteen hundred and sixty-seven entitled "An act making appropriations for the support of the army for the year ending June thirtieth, eighteen hundred and sixty-eight and for other purposes," especially the second section thereof, which provides, among other things, that "all orders and instructions relating to military operations, issued by the President or Secretary of War, shall be issued through the General of the Army, and, in case of his inability, through the next in rank," was unconstitutional, and in contravention of the commission of said Emory, and which said provision of law had been theretofore duly and legally promulgated by General Orders for the government and direction of the army of the United States, as the said Andrew Johnson then and there well knew, with intent thereby to induce said Emory, in his official capacity as commander of the department of Washington, to violate the provisions of said act, and to take and receive, act upon, and obey such orders as he, the said Andrew Johnson, might make and give, and which should not be issued through the General of the army of the United States, according to the provisions of said act, and with the further intent thereby to enable him, the said Andrew Johnson, to prevent the execution of the act entitled "An act regulating the tenure of certain civil offices," passed March second eighteen hundred and sixty-seven and to unlawfully prevent Edwin M. Stanton then being Secretary for the Department of War, from holding said office and discharging the duties thereof, whereby said Andrew Johnson, President of the United States, did then and there commit and was guilty of a high misdemeanor in office.
And the House of Representatives by protestation saving to themselves the liberty of exhibiting at any time hereafter any further articles, or other accusation or impeachment against the said Andrew Johnson, President or the United States, and also of replying to his answers which he shall wake unto the articles herein preferred against him, and of offering proof to the same, and every part thereof, and to all and every other article, accusation, or impeachment which shall be exhibited by them, as the case shall require, do demand that the said Andrew Johnson may be put to answer the high crimes and misdemeanors in office herein charged against him, and that such proceedings, examinations, trials, and judgments may be thereupon had and given as may be agreeable to law and justice.
ARTICLE X.
That said Andrew Johnson, President of the United States, unmindful of the high duties of his office, and the dignity and proprieties thereof, and of the harmony and courtesies which ought to exist and be maintained between the executive and legislative branches of the government of the United States, designing and intending to set aside the rightful authority and powers of Congress, did attempt to bring into disgrace, ridicule, hatred, contempt and reproach, the Congress of the United States, and the several branches thereof, to impair and destroy the regard and respect of all the good people of the United States for the Congress and legislative powers thereof, (which all officers of the government ought inviolably to preserve and maintain.) and to excite the odium and resentment of all the good people of the United States against Congress and the laws by it duly and constitutionally enacted; and in pursuance of his said design and intent, openly and publicly, and before divers assemblages of the citizens of the United States, convened in divers parts thereof to meet and receive said Andrew Johnson as the Chief Magistrate of the United States, did, on the eighteenth day of August, in the year of our Lord one thousand eight hundred and sixty-six, and on divers other days and times, as well before as afterward, make and deliver, with a loud voice, certain intemperate, inflammatory, and scandalous harangues, and did therein utter loud threats and bitter menaces, as well against Congress as the laws of the United States duly enacted thereby, amid the cries, jeer, and laughter of the multitudes then assembled and in hearing.
ARTICLE XI.
That said Andrew Johnson, President of the United States, unmindful of the high duties of his office, and of his oath of offce, and in disregard of the Constitution and laws of the United States, did, heretofore, to wit, on the eighteenth day of August, A. D. eighteen hundred and sixty-six, at the City of Washington, and the District of Columbia, by public speech, declare and affirm, in substance, that the thirty-ninth Congress of the United States was not a Congress of the United States authorized by the Constitution to exercise legislative power under the same, but, on the contrary, was a Congress of only part of the States, thereby denying, and intending to deny, that the legislation of said Congress was valid or obligatory upon him, the said Andrew Johnson, except in so far as he saw fit to approve the same, and also thereby denying, and intending to deny, the power of the said thirty-ninth Congress to propose amendments to the Constitution of the United States; and, in pursuance of said declaration, the said Andrew Johnson, President of the United States, afterwards, to-wit, on the twenty first day of February, A. D. eighteen hundred and sixty-eight, at the city of Washington, in the District of Columbia, did, unlawfully, and in disregard of the requirements of the Constitution that he should take care that the laws be faithfully executed, attempt to prevent the execution of an act entitled "An act regulating the tenure of certain civil offices," passed March second, eighteen hundred and sixty-seven, by unlawfully devising and contriving, and attempting to devise and contrive means by which he should prevent Edwin M. Stanton from forthwith resuming the functions of the office of Secretary for the Department of War, notwithstanding the refusal of the Senate to concur in the suspension theretofore made by said Andrew Johnson of said Edwin M. Stanton from said office of Secretary for the Department of War; and, also, by further unlawfully devising and contriving, and attempting to devise and contrive means, then and there, to prevent the execution of an act entitled "An act making appropriations for the support of the army for the fiscal year ending June thirtieth, eighteen hundred and sixty-eight, and for other purposes," approved March second, eighteen hundred and sixty-seven; and also, to prevent the execution of an act entitled "An act to provide for the more efficient government of the rebel States," passed March second, eighteen hundred and sixty-seven, whereby the said Andrew Johnson, President of the United States, did then, to wit, on the twenty-first day of February, A. D. eighteen hundred and sixty-eight, at the city of Washington, commit, and was guilty of, a high misdemeanor in office.
Schuyler Colfax, Speaker of the House of Representatives. Attest: Edward McPherson, Clerk of the House of Representatives.
At the conclusion of the reading of the Articles of Impeachment, the President of the Senate responded that "the Senate will take order upon the subject of impeachment, of which proper notice will be given to the House of Representatives."
In addition to the Speaker and Managers, a large number of the members of the House of Representatives were present to witness the extraordinary and impressive proceedings, and at its close all withdrew and the Senate resumed the routine business of the day's session.
On Monday, March 23rd, 1868, the President, by his attorneys, appeared at the bar of the Senate and made answer to the several Articles of Impeachment, as follows:
(Answer to only the 1st, 2nd, 3rd, and 11th Articles, are here given, as the 2nd, 3rd and 11th were the only Articles put to vote—all others being abandoned, and as the 1st Article, though never put to vote, contained practically all there was of the impeachment.)
ANSWER TO ARTICLE I.
For answer to the first article he said: That Edwin M. Stanton was appointed Secretary for the Department of War on the 15th day of January, A. D. 1862, by Abraham Lincoln, then President of the United States, during the first term of his presidency, and was commissioned, according to the Constitution and laws of the United States, to hold the said office during the pleasure of the President; that the office of Secretary for the Department of War was created by an act of the first Congress in its first session, passed on the 7th day of August, A.D. 1789, and in and by that act it was provided and enacted that the said Secretary for the Department of War shall perform and execute such duties as shall from time to time be enjoined on and intrusted to him by the President of the United States, agreeably to the Constitution, relative to the subjects within the scope of said department; and furthermore, that the Secretary shall conduct the business of the said department in such a manner as the President of the United States shall, from time to time, order and instruct.
And this respondent further answering, says that by force of the act aforesaid and by reason of his appointment aforesaid the said Stanton became the principal officer in one of the executive departments of the government within the true, intent and meaning of the second section of the second article of the Constitution of the United States, and according to the true intent and meaning of that provision of the Constitution of the United States: and, in accordance with the settled and uniform practice of each and every President of the United States, the said Stanton then became, and so long as he should continue to hold the said office of Secretary for the Department of War must continue to be, one of the advisers of the President of the United States, as well as the person intrusted to act for and represent the President in matters enjoined upon him or entrusted to him by the President touching the department aforesaid, and for whose conduct in such capacity, subordinate to the President, the President is, by the Constitution and laws of the United States, made responsible.
And this respondent, further answering, says he succeeded to the office of President of the United States upon, and by reason of, the death of Abraham Lincoln, then President of the United States, on the 13th day of April, 1865, and the said Stanton was then holding the said office of Secretary for the Department of War under and by reason of the appointment and commission aforesaid; and, not having been removed from the said office by this respondent, the said Stanton continued to hold the same under the appointment and commission aforesaid, at the pleasure of the President, until the time hereinafter particularly mentioned: and at no time received any appointment or commission save as above detailed.
And this respondent, further answering, says that on and prior to the 5th day of August, A. D. 1867, this respondent, the President of the United States, responsible for the conduct of the Secretary for the Department of War, and having the constitutional right to resort to and rely upon the person holding that office for advice concerning the great and difficult public duties enjoined on the President by the Constitution and laws of the United States, became satisfied that he could not allow the said Stanton to continue to hold the office of Secretary for the Department of War without hazard of the public interest; that the relations between the said Stanton and the President no longer permitted the President to resort to him for advice, or to be, in the judgment of the President, safely responsible for his conduct of the affairs of the Department of War, as by law required, in accordance with the orders and instructions of the President; and thereupon, by force of the Constitution and laws of the United States, which devolve on the President the power and the duty to control the conduct of the business of that executive department of the government, and by reason of the constitutional duty of the President to take care that the laws be faithfully executed, this respondent did necessarily consider and did determine that the said Stanton ought no longer to hold the said office of Secretary for the Department of War. And this respondent, by virtue of the power and authority vested in him as President of the United States by the Constitution and laws of the United States, to give effect to such his decision and determination, did, on the 5th day of August, A. D. 1867, address to the said Stanton a note, of which the following is a true copy:
Sir:—Public considerations of a high character constrain me to say that your resignation as Secretary of War will be accepted.
To which note the said Stanton made the following reply:
War Department, Washington, August 5, 1867.
Sir:-Your note of this day has been received, stating that public considerations of a high character constrain you "to say that my resignation its Secretary of War will be accepted."
In reply I have the honor to say that public considerations of a high character, which alone have induced me to continue at the head of this department, constrain me not to resign the office of Secretary of War before the next meeting of Congress.
Very respectfully yours. Edwin M. Stanton.
This respondent, as President of the United States, was thereon of opinion that, having regard to the necessary official relations and duties of the Secretary for the Department of War to the President of the United States according to the Constitution and laws of the United States, and having regard to the responsibility of the President for the conduct of the said Secretary, and having regard to the permanent executive authority of the office which the respondent holds under the Constitution and laws of the United States, it was impossible, consistently with the public interests, to allow the said Stanton to continue to hold the said office of Secretary for the Department of War; and it then became the official duty of the respondent, as President of the United States, to consider and decide what act or acts should and might lawfully be done by him, as President of the United States, to cause the said Stanton to surrender the said office.
This respondent was informed and verily believed that it was practically settled by the first Congress of the United States, and had been so considered and uniformly and in great numbers of instances acted on by each Congress and President of the United States, in succession, from President Washington to, and including President Lincoln, and from the first Congress to the thirty-ninth Congress, that the Constitution of the United States conferred on the President, as part of the executive power and as one of the necessary means and instruments of performing the executive duty expressly imposed on him by the Constitution of taking care that the laws be faithfully executed, the power at any and all times of removing from office all executive officers for cause to be judged of by the President alone. This respondent had, in pursuance of the Constitution, required the opinion of each principal officer of the executive departments, upon this question of constitutional executive power and duty, and had been advised by each of them, including the said Stanton, Secretary for the Department of War, that under the Constitution of the United States this power was lodged by the Constitution in the President of the United States, and that consequently, it could be lawfully exercised by him, and the Congress could not deprive him thereof; and this respondent, in his capacity of President of the United States, and because in that capacity he was both enabled and bound to use his best judgment upon this question, did, in good faith and with an earnest desire to arrive at the truth, come to the conclusion and opinion, and did make the same known to the honorable the Senate of the United States by a message dated on the 2nd day of March, 1867, that the power last mentioned 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 respondent was also then aware that by the first section of "An act regulating the tenure of certain civil offices," passed March 2, 1867, by a constitutional majority of both houses of Congress, it was enacted as follows:
That every person holding any civil office to which he has been appointed by and with the advice and consent of the Senate, and every person who shall hereafter be appointed to any such office, and shall become duly qualified to act therein, is and shall be entitled to hold such office until a successor shall have been in like manner appointed and duly qualified, except as herein otherwise provided: Provided, That the Secretaries of State, of the Treasury, of War, of the Navy, and of the Interior, the Postmaster General, and the Attorney General shall hold their offices respectively for and during the term of the President by whom they may have been appointed, and one month thereafter, subject to removal by and with the advice and consent of the Senate.
This respondent was also aware that this act was understood and intended to be an expression of the opinion of the Congress by which that act was passed, that the power to remove executive officers for cause might, by law, be taken from the President and vested in him and the Senate jointly; and although this respondent had arrived at and still retained the opinion above expressed, and verily believed, as he still believes, that the said first section of the last mentioned act was and is wholly inoperative and void by reason of its conflict with the Constitution of the United States, yet, inasmuch as the same had been enacted by the constitutional majority in each of the two houses of that Congress, this respondent considered it to be proper to examine and decide whether the particular case of the said Stanton, on which it was this respondent's duty to act, was within or without the terms of that first section of the act; or, if within it, whether the President had not the power, according to the terms of the act, to remove the said Stanton from the office of Secretary for the Department of War, and having, in his capacity of President of the United States, so examined and considered, did form the opinion that the case of the said Stanton and his tenure of office were not affected by the first section of the last-named act.
And this respondent, further answering, says, that although a case thus existed which, in his judgment as President of the United States, called for the exercise of the executive power to remove the said Stanton from the office of Secretary for the Department of War, and although this respondent was of the opinion, as is above shown, that under the Constitution of the United States the power to remove the said Stanton from the said office was vested in the President of the United States; and also this respondent was also of the opinion, as is above shown, that the case of the said Stanton was not affected by the first section of the last named act, and although each of the said opinions had been formed by this respondent upon an actual case, requiring him, in his capacity of President of the United States to come to some judgment and determination thereon, yet this respondent, as President of the United States, desired and determined to avoid, if possible, any question of the construction and effect of the said first section of the last named act, and also the broader question of the executive power conferred on the President of the United States, by the Constitution of the United States, to remove one of the principal officers of one of the executive departments for cause seeming to him sufficient; and this respondent also desired and determined that if, from causes over which he could exert no control, it should become absolutely necessary to raise and have, in some way, determined either or both of the said last named questions, it was in accordance with the Constitution of the United States, and was required of the President thereby, that questions of so much gravity and importance, upon which the legislative and executive departments of the government had disagreed, which involved powers considered by all branches of the government, during its entire history down to the year 1867, to have been confided by the Constitution of the United States to the President, and to be necessary for the complete and proper execution of his constitutional duties, should be in some proper way submitted to that judicial department of the government instrusted by the Constitution with the power, and subjected by it to the duty, not only of determining finally the construction of and effect of all acts of Congress, but of comparing them with the Constitution of the United States and pronouncing them inoperative when found in conflict with that fundamental law which the people have enacted for the government of all their servants. And to these ends, first, that, through the action of the Senate of the United States, the absolute duty of the President to substitute some fit person in place of Mr. Stanton as one of his advisers, and as a principal subordinate officer whose official conduct he was responsible for and had lawful right to control, might, if, possible, be accomplished without the necessity of raising any one of the questions aforesaid; and, second, if this duty could not be so performed then that these questions, or such of them as might necessarily arise, should be judicially determined in manner aforesaid, and for no other end or purpose, this respondent, as President of the United States, on the 12th day of August, 1867, seven days after the reception of the letter of the said Stanton of the 5th of August, hereinbefore stated, did issue to the said Stanton the order following namely:
Executive Mansion, Washington, August 12, 1867.
Sir:—By virtue of the power and authority vested in me as President by the Constitution and laws of the United States, you are hereby suspended from office as Secretary of War, and will cease to exercise any and all functions pertaining to the same.
You will at once transfer to General Ulysses S. Grant, who has this day been authorized and empowered to act as Secretary of War ad interim, all records, books, papers, and other public property now in your custody and charge. To Hon. Edwin M. Stanton, Secretary of War.
To which said order the said Stanton made the following reply:
War Department, Washington City, August 12, 1867.
Sir:—Your note of this date has been received, informing me that, by virtue of the powers vested in you as President by the Constitution and laws of the United States, I am suspended from office as Secretary of War, and will cease to exercise any and all functions pertaining to the same, and also directing me at once to transfer to General Ulysses S. Grant, who has this day been authorized and empowered to act as Secretary of War ad interim, all records, books, papers, and other public property now in my custody and charge. Under a sense of public duty I am compelled to deny your right, under the Constitution and laws of the United States, without the advice and consent of the senate, and without legal cause, to suspend me from office as Secretary of War, or the exercise of any or all functions pertaining to the same, or without such advice and consent to compel me to transfer to any person the records, books, papers, and public property in my custody as Secretary, But inasmuch as the General commanding the Armies of the United has been appointed ad interim and has notified me that he has accepted the appointment, I have no alternative but to submit, under protest, to superior force.
To the President.
And this respondent, further answering, says, that it is provided in and by the second section of "An act to regulate the tenure of certain civil offices," that the President may suspend an officer from the performance of the duties of the office held by him, for certain causes therein designated, until the next meeting of the Senate, and until the case shall be acted on by the senate; that this respondent, as President of the United States, was advised, and he verily believed and still believes, that the executive power of removal from office confided to him by the Constitution as aforesaid includes the power of suspension from office at the pleasure of the President, and this respondent, by the order aforesaid, did suspend the said Stanton from office, not until the next meeting of the Senate, or until the Senate should have acted upon the case, but by force of the power and authority vested in him by the Constitution and laws of the United States, indefinitely and at the pleasure of the President, and the order, in form aforesaid, was made known to the Senate of the United States on the 12th day of December, A. D. 1867, as will be more fully hereinafter stated.
And this respondent, further answering, says, that in and by the act of February 13, 1795, it was, among other things, provided and enacted that, in case of vacancy in the office of Secretary for the Department of War, it shall be lawful for the President, in case he shall think it necessary, to authorize any person to perform the duties of that office until a successor be appointed or such vacancy filled, but not exceeding the term of six months; and this respondent, being advised and believing that such law was in full force and not repealed, by an order dated August 12, 1867, did authorize and empower Ulysses S. Grant, General of the armies of the United States, to act as Secretary for the Department of War ad interim, in the form in which similar authority had theretofore been given, not until the next meeting of the Senate and until the Senate should act on the case, but at the pleasure of the President, subject only to the limitation of six months in the said last-mentioned act contained; and a copy of the last-named order was made known to the Senate of the United States on the 12th day of December, 1867, as will be hereinafter more fully stated: and in pursuance of the design and intention aforesaid, if it should become necessary to submit the said question to a judicial determination, this respondent, at or near the date of the last-mentioned order, did make known such his purpose to obtain a judicial decision of the said question, or such of them as might be necessary.
And this respondent, further answering, says, that in further pursuance of his intention and design, if possible, to perform what he judged to be his imperative duty, to prevent the said Stanton from longer holding the office of Secretary for the Department of War, and at the same time avoiding, if possible, any question respecting the extent of the power of removal from executive office confided to the President by the Constitution of the United States, and any question respecting the construction and effect of the first section of the said "act regulating the tenure of certain civil offices," while he should not, by any act of his, abandon and relinquish, either a power which he believed the Constitution had conferred on the President of the United States, to enable him to perform the duties of his office, or, a power designedly left to him by the first section of the act of Congress last aforesaid, this respondent did, on the 12th day of December, 1867, transmit to the senate of the United States a message a copy whereof is hereunto annexed and marked B, wherein he made known the orders aforesaid and the reasons which had induced the same, so far as this respondent then considered it material and necessary that the same should be set forth, and reiterated his views concerning the constitutional power of removal vested in the President, and also expressed his views concerning the construction of the said first section of the last mentioned act, as respected the power of the President to remove the said Stanton from the said office of Secretary for the Department of War, well hoping that this respondent could thus perform what he then believed, and still believes, to be his imperative duty in reference to the said Stanton, without derogating from the powers which this respondent believed were confided to the President, by the Constitution and laws, and without the necessity of raising, judicially, any questions respecting the same.
And this respondent, further answering, says, that this hope not having been realized, the President was compelled either to allow the said Stanton to resume the said office and remain therein contrary to the settled convictions of the President, formed as aforesaid respecting the powers confided to him and the duties required of him by the Constitution of the United States, and contrary to the opinion formed as aforesaid, that the first section of the last mentioned act did not affect the case of the said Stanton, and contrary to the fixed belief of the President that he could no longer advise with or trust or be responsible for the said Stanton, for the said office of Secretary for the Department of War, or else he was compelled to take such steps as might, in the judgment of the President, be lawful and necessary to raise, for a judicial decision, the questions affecting the lawful right of the said Stanton to resume the said office, or the power of the said Stanton to persist in refusing to quit the said office if he should persist in actually refusing to quit the same; and to this end, and to this end only, this respondent did, on the 21st day of February, 1868 issue the order for the removal of the said Stanton, in the said first article mentioned and set forth, and the order authorizing the said Lorenzo F. Thomas to act as Secretary of War ad interim, in the said second article set forth.
And this respondent, proceeding to answer specifically each substantial allegation in the said first article, says: He denies that the said Stanton, on the 21st day of February, 1868, was lawfully in possession of the said ofce of Secretary for the Department of War. He denies that the said Stanton, on the day last mentioned, was lawfully entitled to hold the said office against the will of the President of the United States. He denies that the said order for the removal of the said Stanton was unlawfully issued. He denies that the said order was issued with intent to violate the act entitled "An act to regulate the tenure of certain civil offices." He denies that the said order was a violation of the last mentioned act. He denies that the said order was a violation of the Constitution of the United States, or of any law thereof, or of his oath of office. He denies that the said order was issued with an intent to violate the Constitution of the United States or any law thereof, or this respondent's oath of office; and he respectfully, but earnestly insists that not only was it issued by him in the performance of what he believed to be an imperative official duty, but in the performance of what this honorable court will consider was, in point of fact, an imperative official duty. And he denies that any and all substantive matters, in the said first article contained, in manner and form as the same are therein stated and set forth, do, by law, constitute a high misdemeanor in office, within the true intent and meaning of the Constitution of the United States.
ANSWER TO ARTICLE II.
And for answer to the second article, this respondent says that he admits he did issue and deliver to said Lorenzo Thomas the said writing set forth in said second article, bearing date at Washington, District of Columbia, February 21, 1868, addressed to Brevet Major General Lorenzo Thomas, Adjutant General United States army, Washington, District of Columbia, and he further admits that the same was so issued without the advice and consent of the Senate of the United States, then in session; but he denies that he thereby violated the Constitution of the United States, or any law thereof, or that he did thereby intend to violate the Constitution of the United States or the provisions of any act of Congress; and this respondent refers to his answer to said first articles for a full statement of the purposes and intentions with which said order was issued, and adopts the same as part of his answer to this article; and he further denies that there was then and there no vacancy in the said office of Secretary for the Department of War, or that he did then and there commit or was guilty of a high misdemeanor in office; and this respondent maintains and will insist:
1. That at the date and delivery of said writing there was a vacancy existing in the office of Secretary for the Department of War.
2. That notwithstanding the Senate of the United States was then in session, it was lawful and according to long and well established usage to empower and authorize the said Thomas to act as Secretary of War ad interim.
3. That if the said act regulating the tenure of civil offices be held to be a valid law, no provision of the same was violated by the issuing of said order or by the designation of said Thomas to act as Secretary of War ad interim.
ANSWER TO ARTICLE III.
And for answer to said third article, this respondent says that he abides by his answer to said first and second articles in so far as the same are responsive to the allegations contained in the said third article, and, without here again repeating the same answer, prays the same be taken as an answer to this third article as fully as if here again set out at length; and as to the new allegation contained in said third article, that this respondent did appoint the said Thomas to be Secretary for the Department of War ad interim, this respondent denies that he gave any other authority to said Thomas than such as appears in said written authority set out in said article, by which he authorized and empowered said Thomas to act as Secretary for the Department of War ad interim; and he denies that the same amounts to an appointment, and insists that it is only a designation of an officer of that department to act temporarily as Secretary for the Department of War ad interim, until an appointment should be made. But whether the said written authority amounts to an appointment or to a temporary authority or designation, this respondent denies that in any sense he did thereby intend to violate the Constitution of the United States, or that he thereby intended to give the said order the character or effect of an appointment in the constitutional or legal sense of that term. He further denies that there was no vacancy in said office of Secretary for the Department of War existing at the date of said written authority.
ANSWER TO ARTICLE XI.
And in answer to the eleventh article, this respondent denies that on the 18th day of August, in the year 1866, at the City of Washington, in the District of Columbia, he did, by public speech or otherwise, declare or affirm, in substance or at all, that the thirty-ninth Congress of the United States was not a Congress of the United States authorized by the constitution to exercise legislative power under the same, or that he did then and there declare or affirm that the said thirty-ninth Congress was a Congress of only part of the States in any sense or meaning other than that ten States of the union were denied representation therein; or that he made any or either of the declarations or affirmations in this behalf, in the said article alleged, as denying or intending to deny that the legislation of said thirty-ninth Congress was valid or obligatory upon this respondent, except so far as this respondent saw fit to approve the same; and as to the allegation in said article, that he did thereby intend or mean to be understood that the said Congress had not power to propose amendments to the Constitution, this respondent says that in said address he said nothing in reference to the subject of amendments of the Constitution, nor was the question of the competency of the said Congress to propose such amendments, without the participation of said excluded States at the time of said address in any way mentioned or considered or referred to by this respondent, nor in what he did say had he any intent regarding the same, and he denies the allegation so made to the contrary thereof. But this respondent, in further answer to, and in respect of, the said allegations of the said eleventh article hereinbefore traversed and denied, claims and insists upon his personal and official right of freedom of opinion and freedom of speech, and his duty in his political relations as President of the United States to the people of the United States in the exercise of such freedom of opinion and freedom of speech, in the same manner, form and effect as he has in this behalf stated the same in his answer to the said tenth article, and with the same effect as if he here repeated the same; and he further claims and insists, as in said answer to said tenth article he has claimed and insisted, that he is not subject to question, inquisition, impeachment, or inculpation, in any form or manner, of or concerning such rights of freedom of opinion or freedom of speech or his alleged exercise thereof.
And this respondent further denies that on the 21st day of February, in the year 1868, or at any other time, at the City of Washington, in the District of Columbia, in pursuance of any such declaration as is in that behalf in said eleventh article alleged, or otherwise, he did unlawfully, and in disregard of the requirement of the Constitution that he should take care that the laws should be faithfully executed, attempt to prevent the execution of an act entitled "An act regulating the tenure of certain civil offices," passed March 2, 1867, by unlawfully devising or contriving, or attempting to devise or contrive, means by which he should prevent Edwin M. Stanton from forthwith resuming the functions of Secretary for the Department of War, or by lawfully devising or contriving, or attempting to devise or contrive, means to prevent the execution of an act entitled "An act making appropriations for the support of the army for the fiscal year ending June 30, 1868, and for other purposes," approved March 2, 1867, or to prevent the execution of an act entitled "An act to provide for the more efficient government of the rebel States," passed March 2, 1867.
And this respondent, further answering the said eleventh article, says that he has, in his answer to the first article, set forth in detail the acts, steps, and proceedings done and taken by this respondent to and toward or in the matter of the suspension or removal of the said Edwin M. Stanton in or from the office of Secretary for the Department of War, with the times, modes, circumstances, intents, views, purposes, and opinions of official obligation and duty under and with which such acts, steps, and proceedings were done and taken; and he makes answer to this eleventh article of the matters in his answer to the first article, pertaining to the suspension or removal of said Edwin M. Stanton, to the same intent and effect as if they were here repeated and set forth.
And this deponent, further answering the said eleventh article, denies that by means or reason of anything in said article alleged, this respondent, as President of the United States, did, on the 21st day of February, 1868, or at any other day or time, commit, or that he was guilty of, a high misdemeanor in office.
And this respondent, further answering the said eleventh article, says that the same and the matters therein contained do not charge or allege the commission of any act whatever by this respondent, in his office of President of the United States, nor the omission by this respondent of any act of official obligation or duty in his office of President of the United States; nor does the said article nor the matters therein contained name designate, describe, or define any act or mode or form of attempt, device, contrivance, or means, or of attempt at device, contrivance or means, whereby this respondent can know or understand what act or mode or form of attempt, device, contrivance or means, or of attempt at device, contrivance, or means are imputed to or charged against this respondent, in his office of President of the United States, or intended so to be, or whereby this respondent can more fully or definitely make answer unto the said article than he hereby does.
And this respondent, in submitting to this honorable court this his answer to the articles of impeachment exhibited against him, respectfully reserves leave to amend and add to the same from time to time, as may become necessary or proper, and when and as such necessity and propriety shall appear. Andrew Johnson Henry Stanbery, B. R. Curtis, Thomas A. R. Nelson, William M. Evarts. W. S. Groesbeck. Of Counsel.