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 pass 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 mass 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-assembled on the 3rd of July, and on the 11th the following resolutions was offered by Mr. Stevens, (Rep.) of Pennsylvania:
