Nowhere, either in the Constitution or by statute, has the President power to create a vacancy during the session of the Senate and fill it without the advice and consent of the Senate, and yet, on the 21st day of February, 1868, while the Senate was in session, he notified the head of the War Department that he was removed from office and his successor ad interim appointed.
Here is a plain, recorded violation of the Constitution and laws, which, if it stood alone, would make every honest and intelligent man give his vote for impeachment. The President had persevered in his lawless course through along series of unjustifiable acts.
When the so called Confederate States of America were conquered and had laid down their arms and surrendered their territory to the victorious Union the government and final disposition of the conquered country BELONGED TO CONGRESS ALONE, according to every principle of the law of nations.
Neither the Executive nor the judiciary had any right to interfere with it except so far as was necessary to control it by military rule until the SOVEREIGN POWER OF THE NATION had provided for its civil administration. No power but Congress had any right to say WHETHER EVER OR WHEN they should be admitted to the Union as States and entitled to the privileges of the Constitution of the United States. And yet Andrew Johnson, with unblushing hardihood, undertook to rule them by his own power alone; to lead them into full communion with the Union: direct them what governments to erect and what constitutions to adopt, and to send Representatives and Senators to Congress according to his instructions. When admonished by express act of Congress, more than once repeated, he disregarded the warning and continued his lawless usurpation. He is since known to have obstructed the re-establishment of those governments by the authority of Congress, and has advised the inhabitants to resist the legislation of Congress. In my judgment his conduct with regard to that transaction was a high-handed usurpation of power which ought long ago to have brought him to impeachment and trial and to have removed him from his position of great mischief.
I trust that when we come to vote upon this question we shall remember that although it is the duty of the President to see that the laws be executed, THE SOVEREIGN POWER OF THE NATIONRESTS IN CONGRESS, who have been placed around the executive as muniments to defend his rights, and as watchmen to enforce his obedience to the law and the Constitution. His oath to obey the Constitution and our duty to compel him to do it are a tremendous obligation, heavier than was ever assumed by mortal rulers. We are to protect or to destroy the liberty and happiness of a mighty people. and to take care that they progress in civilization and defend themselves against every kind of tyranny.
As we deal with the first great political malefactor so will be the result of our efforts to perpetuate the happiness and good government of the human race. The God of our fathers, who inspired them with the thought of universal freedom, will hold us responsible for the noble institutions which they projected and expected us to carry out.
The Clerk then read the Resolution and the House proceeded to vote, as follows:
