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two-thirds majority, 35-19. 3 Hinds 897-898. Votes were later taken on Articles two and three relating to the Tenure Act with the same result. The Managers did not call for a vote on the remaining articles and the proceeding was adjourned. 3 Hinds

900-901.

One summary of the Johnson impeachment proceeding

characterized the generally accepted view:

The verdict of history is that the Johnson impeachment
demonstrates the perils of treating impeachment as an
invitation to purely political retribution. The Law of
Presidential Impeachment, Association of the Bar of
the City of New York 7 (1974).

The trial has also been described as "a gross abuse of the impeachment process, an attempt to punish the President for differing with and

obstructing the policy of Congress." Berger, supra, at 295. It

was also characterized as "the most insidious assault on Constitutional

government in the nation's history" and an attempt to set up a

"Congressional dictatorship." Brant, supra, at 4.

The acquittal of President Johnson over a century ago strongly indicates that the Senate has refused to adopt a broad view of "other

high crimes and misdemeanors" as a basis for impeaching a

President. The most salient lesson to be learned from the Johnson

trial is that impeachment of a President should be resorted to only

for cases of the gravest kind the commission of a crime named

-

in the Constitution or a criminal offense against the laws of the

United States. If there is any doubt as to the gravity of an offense or as to a President's conduct or motives, the doubt should be resolved in his favor. This is the necessary price for having an independent Executive.

VI.

CONCLUSION THE PROPER STANDARD

FOR PRESIDENTIAL IMPEACHMENT

The English impeachment precedents clearly demonstrate the criminal nature and origin of the impeachment process.

The Framer3

adopted the general criminal meaning and language of those impeachments while rejecting the 17th century aberration where impeachment was used as a weapon by Parliament to gain political supremacy at the expense of the rule of law. In light of legislative and judicial usage, American case law, and established rules of constitutional and statutory construction, the term "other high Crimes and Misdemeanors" means great crimes against the state. Finally, a

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