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adopted by Congress, and the uniform interposition of his veto, seemed so factious in intent, that on the day when he vetoed the District of Columbia Suffrage Bill, Mr. Ashley, Representative from Ohio, arose in his seat and charged “Andrew Johnson, Vice-President, and Acting-President of the United States, with the commission of acts which, in the estimation of the Constitution, are high crimes and misdemeanors, for which he ought to be impeached.”
He offered specifications and a resolution instructing the Committee on the Judiciary to make inquiries on the subject.1 The resolution was adopted by a vote of one hundred and thirty-seven to thirty-eight, fortyfive members not voting.
This was the first public movement in the matter of the impeachment of the President, which resulted in his trial, in April, 1868.
At a former session of Congress, bills were passed for the admission of the Territories of Colorado and Nevada, as States of the Union.
The President interposed.
Now similar bills were passed, prescribing as a preliminary to admission, a provision in their constitutions granting impartial suffrage to their citizens, and the ratification of the Amendment to the Constitution.
The President vetoed them, when that for the admission of Nevada was passed over his veto.
That Territory became a State on the first of March, making the thirty-seventh.
A bill limiting the authority of the President in making official appointments and removals from office, known as the “Tenure-of-office act,” was passed, and was vetoed by the President, when it was passed over the veto.2 Another bill was passed, vetoed, and passed over the veto, repealing so much of an act of July 17, 1862, as gave the President power to grant amnesty and pardon to those who had been engaged in the Rebellion.
A bill was also passed, with the same opposition from the President, for the military government of the disorganized States.3
The Thirty-Ninth Congress closed its last session on the 3d of March, and the Fortieth Congress began its first session immediately thereafter.
In view of the conduct of the President, which threatened the country with revolution, this action of the National Legislature was necessary for the
1 Mr. Ashley presented 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 usurpation of power and violation of law, (1) In that he has corruptly used the appointing power; (2) In that he has corruptly used the pardoning power; (8) In that he has corruptly used the veto power; (4) In that he has corruptly disposed of public property of the United States; and (5) In that he has corruptly interfered in elections, and committed acts which, in contemplation of the Constitution, are high crimes and misdemeanors.”
On the 14th of January, Representative Loan, from Missouri, in the course of a debate concerning the duty of the House to proceed to the impeachment of the President, said that the leaders of the rebellion comprehended the advantages of having such a man as the then incumbent, in the Presidential chair. “Hence,” he said, “the assassination of Mr. Lincoln. The crime was committed. The way was made clear for the succession. An assassin's hand, wielded and directed by rebel hand, and paid for by rebel gold, made Andrew Johnson President of the United States of America. The price that he was to pay for his promotion was treachery to the Republic, and fidelity to the party of treason and rebellion.” Mr. Loan was called to order. The Speaker decided that he was not out of order, the subject of debate being the charges against the President, of “high crimes and misdemeanors,” a member having the right, on his own responsibility, to make a specific charge. This decision was appealed from, when the Speaker was sustained by a vote of 101 to 8.2 It took from the President, among other things, the power to remove a member of his cabinet, excepting by permission of the Senate, declaring that they should hold office “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 consent of the Senate.” The act was passed over the veto by a vote in the Senate of 85 to 11, and in the House of 181 to 87.
3 Those States were divided into five military districts, and the following commanders were appointed: First District, Virginia, General J. M. Schofield; Second District, North and South Carolina, General D. E. Sickles; Third District, Georgia, Florida and, Alabama, General J. Pope; Fourth District, Mississippi and Arkansas, General E. O. C. Ord; Fifth District, Louisiana and Texas, General P. H. Sheridan.
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