The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1868-02-25

which Is an indictable offence or any act ma
ts'n IN Sc. agree with the distinguished gen
tiemen from Pennsylvania, on the other sldt
| OF the House, who holds this to be purely
political proceeding. 1t is intended for rem
edy for malfeasance in Office and to prevent
the continuance thereof; beyond that it is moi
intended as personal punishment for past of
fs%ces or for future example. We are to trea
this question then as wholly political, in which
if an officer of the Government abuse his trusl
! or attempt to peryert it to improper purpose,
| whatever be his motive, he becomes subject te
impeachment and removal from Office. The
offence being indictable does not prevent i'm.
parchment but is not necessary to sustain il
what then are the official nisdemeanors OF
andrew johnson disclosed by the evidence:
On the I'd day of March, 1867 Congress passed
an act entitled An act regulating the tenure
OF certain civil Offices" Among other pro-
VISIONS, 1t enacted that no officer who had been
| appointed by and with the advice and consent
Vi the Senate, should be removed from Office
| without the consent of the Senate, and that il
uurn2 vacation suspension should be made
Tor cause, such cause shonld be reported to
the Senate within twenty days after their next
| meeting. If the Senate should deem the rea-
son OF the suspension sufficient, then the off
| Ger should be removed and another appointed
| in his stead. But if the Senate should refuse
to concur with the President, and declare the
reasons insufficient, then the officer sus-
pended should forthwith resume the functions
| W oLhOCb duu pOWPFS OF the person
performing its duties should cease. 1t is es-
pecially provided that the Secretary of War
snail hold his Office during the term of the
President by whom he may have been an
| pointed and one mouth thereafter, unless re-
moved by and with the consent of the Senate
as aforesaid. On the 1ath of August, 1867. dur
ing the recess of the Senate, the President re-
| moved the Secretary of War, whose term of
ofhce had not expired, requiring him to sur
render me oflce with the public property, and
| appointed Gen. U. 5. Grant Secretary of War
I'D interim. When Andrew johnson assumed
the office OF President he took the oath to
OBEY the Constitution of the United States
and to take care that the laws be faitbt1lIv
executed. This was solemn and enduring
obligation. Nor can he plead exemption from
II on account of his condition at the time it
was administered to him. An ATTEMPT to oh
stf1ct the execution of the law, not a me,s
omission amounting to negligence which
would have been risdemeanor. but a daring
anu ooid conspiracyawas attempted by him to
induce the General OF the army to aid him in
defeating the operation of this law. and when
he had suspended the Secretary of War he
appointed Gen. Grant Secretary ad interim
with the ayowei purpose of preventing the
operation OF that law If the Senate should de-
cue IN 1avor OF the Secretary and he says that
the General did enter into such conspiracy
to aid him i n obstrr citing the return of the re-
]ected Secretary; Notwithstanding the Senate
might decide in his favor This is denied by
the General, and a question of veracity, rather
a1grily discussed, has arisen between them,
and those gentlemen seem to consider that
that question is one of Importance to the pub
lic. In this they are mistaken Which ia the
man OF truth and which is the man of false
MOOD IS OF no more public Importance than if
II IL occurred between two obscure individuals.
Ii Andrew johnson tells the truth then he is
guilty OF high official msdemaanor, for he
avows his effort to prevent the execution of
t9e laws. II the General commanding tells
the truth then the President is guilty of q
nigh mlsdemeanor, for he declares the same
thing OF the President, denying only his own
completely. No argument can make this point
palmer than the statement of the culprit If
he and the General told the truth then he com.
mitted wilful perjury by refusing to take care
that the laws should be duly executed. To
show the animus and guilty knowledge with
which this law was violated, we have only to
turn to the proceedings of the Senate notify
ing him OF his illegal conduct, and then to
consider that he has since persevered in at
tempting to enforce it. Indeed, to show his
disregard of the laws of his country, we have
only to turn to his last annual message. in
which he proclaims to the public that the laws
OF Congress are unconstitutional and not
pinding ON the people. Who, after that can
say that such man is fit toIoccupy the Exec
utlve chair? Whose duty is it to see that
those very laws are faithfully obeyed?
By the sixth section of the act referred to. it
- provided that every removal, appointment
or employment made or exercised contrary to
the provisions of this act, or the making. seal
Ing, countersigning or issuing of any Commits
sion or letter of authority, for or in respect to
any such appointment or employment shall be
deemed to be high misdemeapors, and upop
trial and conviction thereof shall be punished
By a fine not exceeding $4,000, or by imprison-
ment not exceeding five years, or both. Now
Ia defiance of this law Andrew johnson, on
the 2lst day of February, 1868, issued his COM
mlssioned letter of authority to Lorenzo Thorn
as appointing him Secretary of War ad inter-
an, and commanding him to take possession of
the Department of War and to eject the in
cumbent, u. NJ, Stanton, then in lawful nos-
session of said office.
The reading of the speech was concluded at
two minutes before O'clock. The House then
proceeded, amid great but suppressed excite
ment, to vote on the resolution, which reads as
Resosesd, That Andrew johnson. President
OF the United States, be impeached of high
crimes and misdemeanors
During the voting excuses were made for the
absence OF Messrs. Robinson, Benjamin, Os-
borne, Williams, Van Horn of Missouri, Trim
pie OF tennessee, PomeToy, nonnelly, Kroutz,
Maynard and Shellabarger,
Inc speaker said that he could not consent
that his constituents should be silent on SO
grave an occasion, and. therefore, as member
OF the House, he voted aye. The vote result
ednyeas l2a, nays AZ, as follows:
Yeas-Allison, Ames, Anderson, Arnoll,
Ashley OF Nevada, Ashley of Ohio. Bailey.
Baker, Baldwin, Banks, Beaman. Beating
benton, Bingham, Blaine, Bean, Boutwell,,
BBrammel, Bramal auckland, Butler, Clarke,
Oobh, Cobqrn, Cook, Cornell, Covode, Callum,
Davis, Dodge, Dugg, EckIey, Eggleston, Ell
lot, Farnsworth, Ferris, Ferry, Fields. Grin
nell, Griswold, Halsey, Harding, Highly, Hill,
Hooper, hopkins, Hubbard Of Iowa, Hubbard
of West Virginia, Hurlburd, Hunter. lager
SAIL. .Ianpka .In1d Tuliar L.
Ketchum. Kitchen, Latin, Lawrence of PENN
sylyania, Lincoln, Loan, Logan, Lonshridge.
Lynch, Mallory, Marion, Mccarthy, McClurg,
Marion, Miller, Moore, Moorehead, Morrill,,
Mullins, Myers, Newcomb, Mum. O'Neill,
Plants, Pollard, Po'sly, Price Raum, Robert.
son, Sawyer, Schenck, Schofield Sellye,
Shanks, Smith, Spaulding, Staskweather,
Stevens OF New Hampshire, Stevens Of Penn
sylyania, Starks, Taffelaush, Trowbriage,
Twitchell, Epson, Van Arman, Wan Horn Of
New York, Van. Wyck, Ward, Washburne Of
Wisconsin, Washburne of Illinois, Washhurne
of Massachusetts,, Welker, Williams of Penn.
sylyania, Wilson of Iowa, Wilson of Ohio,
Wilson Of Massachusetts. Wydom, Woodbridge
Nays-Adams, Archer, Axtall, Blline, Bar
mum, Beck, Boyer, Brooks, Burr, Carey,
Chanler, Eldridge, Fox, Getz, Gloss3renner.
Galaday, Grover, Haight, Holman, Hotehkiss,
Hubbard, Comm Humphrey, johnson, Jones,
1 ReaI kP nr.,n Marsl all Mccormick, McCnl-
Nicholson, Phelps, Pruyn, Randall, Ross. Sit
greavea, Stewart Stone, Taber, Trimble, iKy !
Van Anken, Van Trump, Wood and Wood
ward-47.
The announcement of the result ELECTED no
manifestation by the immense audience.
which had filled the House during the day, ar d
they gradually dispersed till it was reduced to
less than one-tourth its original number.
Mr.. Stevens of Iowa moved to reconsider
| the vote by which the resolution was agreed to-
| AMI also novel to lay the motion to reconsid.
| err on the table. -
The latter motion was agreed to, this being
the parliamentary mode Of making the de-
cision final - ial
Mr.. Stevens of Pennsylvania then moved
| the following resolution g
ReSotced That committee of two be ao-
pointed to go to the Senate, and at the bar
thereof, in the name of the House of Repre-
| sentallVes, and OF the people of the United
States to imneach Andrew johnson, Presi-
dent OF the United States Of high crimes and
| misdemeanors, and acquaint the Senate that
| the House Of Representatives will in due
| time exhibit particular articles of impeach-
ment AGAINST him aud 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 impeach-
| ment. ~
Second, ResolUed-That a committee of sew
en- be appointed to prepare and report arti
oes OF impeachment against Andrew John
son, President of the United States, witt
power to send for persons, papers and rec
)rds. and to take testimony under oath,
The Democratic members attempted to re
sort to fllibustering, but were cut off aftel
an tneffectuat effort by motion to suspend
the rules so as to bring the House immedi
| ff, VOTE he a1,,k.-