按键盘上方向键 ← 或 → 可快速上下翻页，按键盘上的 Enter 键可回到本书目录页，按键盘上方向键 ↑ 可回到本页顶部！
————未阅读完？加入书签已便下次继续阅读！
er。 When the military use was no longer required； the railroads were turned over to their original owners； or their representatives； with permission to use them。 These railroads； their plant and track fixtures； real property； of which the military authorities had only the possessory right and use； but the rolling stock and equipments； and iron not laid down； were personal property； which； by capture； or purchase； or construction； belonged to the United States。 Sale could be made； and was made； of the personal property at values estimated by the proper officers。 That which constituted real estate； to…wit； the railroad track； fixtures； etc。； the military authorities might abandon altogether； or relinquish control and turn over possession to those who would make a beneficial use of it by working the road。 Being in the nature of real estate； no title of the Government or of other persons could be divested and conveyed by military authority； but only the control relinquished and the use permitted during the existence of military authority in the department where the roads were situated。
The trend of a large portion of the testimony of witnesses called by this committee to testify as to the charges preferred against Mr。 Johnson and relating to other allegations of the indictment； quite clearly indicated that the charges were based solely upon common street rumor； invented and given currency in partisan antagonism and for partisan purposes； and that the witnesses were called in the hope and expectation； on the part of the majority of the House； of developing proof of disloyalty and corruption on the part of the President； and； if not criminal connivance； at least； criminal knowledge of a conspiracy for the assassination of Mr。 Lincoln。
But these expectations and hopes； in all respects； were so utterly disappointed； that there was pathos； at least； as the investigation was protracted from month to month； with no indication of the hoped for development； in the despondent inquiry of Mr。 Thaddeus Stevens to one of his colleagues of the Impeachment Committee； as the inquest approached a close without results〃Well； HAVE YOU GOT ANYTHING； ANYHOW？〃 It was more an ejaculation of anger and disgust at failure； than a query of one seeking hoped for information。
CHAPTER V。 THE TENURE…OF…OFFICE ACT。
ITS HISTORY AND PURPOSETHE PRESIDENTS VETO MESSAGE。
Mr。 Johnson's alleged violation of the act of Congress known as the Tenure…of…Office Act； constituted the ostensible basis of his impeachment in 1868。 As stated； it had been passed for the purpose of restricting the power of the President over Executive appointments。 That Act； therefore； becomes a very important and conspicuous incident in the impeachment affair； as its alleged violation constituted the only material accusation； set out in various forms； in the entire list of charges。
The proceedings had on the passage of that bill are inserted at some length here； as a technical knowledge of its history； character and purpose； is essential to a correct apprehension of the controversy that had arisen between the President and Congress。
The Tenure…of…Office bill was introduced in the Senate by Mr。 Williams； of Oregon； Dec。 3rd； 1866； and on the 5th was referred to the Committee on Retrenchment。 On the 10th Mr。 Edmunds； in the name of the committee； reported it back to the Senate with the following remarks：
The joint select Committee on Retrenchment； to whom was referred the bill to regulate the tenure of offices； have had the same under consideration； and have instructed me to report the bill back； with a recommendation of certain amendments； which being adopted； the committee are of the opinion that the bill ought to pass。 I beg leave to say in connection with this report that we have reported this bill and these amendments regulating removals from office and appointments to office so far as concerns officers whose nominations require the confirmation of the Senate； and have adopted what appears to us to be a feasible scheme in that respect； in no spirit of hostility to any party or administration whatever； but in what we conceive to be the true Republican interest of the country； under all administrations； under the domination of all parties in the growth which is before us in the future； and in that spirit I shall ask the attention of the Senate to the bill when it comes to be considered。 I move that the amendment be printed； and that the bill be made the special order for Thursday next； at one o'clock。
On the 10th of January； 1867； on motion of Mr。 Edmunds； the bill was taken up for consideration。 As the first section of the bill was the only portion over which there was any serious controversy； or pertinent to this recital； only that section is produced here。 It is as follows：
That every person （excepting the Secretaries of State； of the Treasury； of War； of the Navy； and of the Interior； the Postmaster General； and the Attorney General）； holding any civil office to which he has been appointed by and with the advice and consent of the Senate； and every person who shall hereafter be appointed to any such office； and shall become duly qualified to act therein； is； and shall be； entitled to hold such office until a successor shall have been in like manner appointed and duly qualified； except as herein otherwise provided。
Mr。 Howe objected to the exception of the Cabinet officers from the operation of the bill； and Mr。 Edmunds responded that：
It did seem to the Committee； after a great deal of consultation and reflection； that it was right and just that the Chief Executive of the Nation； in selecting these named Secretaries； who； by law； and by the practice of the country； and officers analogous to whom by the practice of all other countries； are the confidential advisers of the Executive respecting the administration of all his Departments； should be persons who were personally agreeable to him； in whom he could place entire confidence and reliance； and that whenever it should seem to him that the state of relations； between him and any of them had become such as to render this relation of confidence and trust and personal esteem inharmonious； HE SHOULD IN SUCH CASE BE ALLOWED TO DISPENSE WITH THE SERVICES OF THAT OFFICER IN VACATION AND HAVE SOME OTHER PERSON ACT IN HIS STEAD。 We thought that so much discretion； so much confidence； so much respect ought to be properly attributed to the Chief Magistrate of the Nation。 It may happen that at some particular timesome people may suppose that it has happened nowthe Chief Magistrate for the time being ought not to be invested with such powers； but the Committee have recommended the adoption of this rule respecting the tenure…of…office as a permanent and systematic； and as they believe； an appropriate regulation of the Government for all administrations and for all time； and it did appear to them （whether the reason may command itself to the Senate or not）； that it was just to the Executive； and on the whole best for the interest of the Nation； that he should be allowed during a recess of the Senate to change his confidential advisers if it should appear to him to be fit； subject to that general responsibility which every