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. Itherefore 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. * * * Ithink 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.
