第23章 FIRST ATTEMPT TO IMPEACH THE PRESIDENT.(1)

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. Alarge 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.