oved him, contrary to the act of Congress,
known as the Tenure of Office Act. In the first investigation into
the conduct of Andrew Johnson, he was described in the resolution as
"Vice-President of the United States, discharging at present the duties
of President of the United States." The resolution was adopted by the
House of Representatives the seventh day of March, 1867. A large
amount of testimony was taken, and the report of the committee, in
three parts, by the different members, was submitted to the House the
fourth day of the following December. The majority of the committee,
consisting of George S. Boutwell, Francis Thomas, Thomas Williams,
William Lawrence, and John C. Churchill, reported a resolution
providing for the impeachment of the President of the United States,
in these words: "Resolved, that Andrew Johnson, President of the
United States, be impeached of high crimes and misdemeanors." It will
be observed that in the resolution for his impeachment he is described
as "President of the United States," while in the resolution
authorizing the inquiry into his conduct he is described as "Vice-
President, discharging at present the duties of the President of the
United States." This question received very careful consideration by
the committee, and the conclusion was reached that he was the President
of the United States, although he had been elected only to the office
of Vice-President. As that question was not raised at the trial by
demurrer or motion, it may now be accepted as the established doctrine
that the Vice-President, when he enters upon the duties of President,
becomes President of the United States. The extended report that was
made by the majority of the committee was written by Mr. Williams.
The summary, which was in the nature of charges, was written by myself.
That summary set forth twenty-eight specifications of misconduct on the
part of the President, many of which, however, where abandoned when the
articles of impeachment were prepared in February, 1868.
In the discussion of the committee there were serious differences of
opinion upon provisions of law. The minority of the committee,
consisting of James F. Wilson, who was chairman of the Judiciary
Committee, Frederick E. Woodbridge, S. S. Marshall, and Charles R.
Eldridge, maintained the doctrine that a civil officer under the
Constitution of the United States was not liable to impeachment except
for the commission of an indic
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