History of the Impeachment of Andrew Johnson, President of the United States Part 5

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 Const.i.tution, 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 Const.i.tution, are high crimes and misdemeanors, requiring the interposition of the const.i.tutional 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 Sat.u.r.day. 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 doc.u.ments 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 mult.i.tude 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 pa.s.s 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 ma.s.s 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-a.s.sembled 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 Doc.u.ments 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 subst.i.tute:

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.