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High Crimes and Misdemeanors in Presidential Impeachment This page intentionally left blank High Crimes and Misdemeanors in Presidential Impeachment H. Lowell Brown HIGH CRIMES AND MISDEMEANORS IN PRESIDENTIAL IMPEACHMENT Copyright © H. Lowell Brown, 2010. All rights reserved. First published in 2010 by PALGRAVE MACMILLAN® in the United States—a division of St. Martin’s Press LLC, 175 Fifth Avenue, New York, NY 10010. Where this book is distributed in the UK, Europe and the rest of the world, this is by Palgrave Macmillan, a division of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom, Europe and other countries. ISBN: 978–0–230–62135–0 Library of Congress Cataloging-in-Publication Data Brown, H. Lowell. High crimes and misdemeanors in presidential impeachment / H. Lowell Brown. p. cm. Includes bibliographical references. ISBN 978–0–230–62135–0 (alk. paper) 1. Impeachments—United States—History. 2. Johnson, Andrew, 1808–1875—Impeachment. 3. Nixon, Richard M. (Richard Milhous), 1913–1994—Impeachment. 4. Clinton, Bill, 1946– —Impeachment. I. Title. KF5075.B76 2010 342.73⬘062—dc22 2009017695 A catalogue record of the book is available from the British Library. Design by Newgen Imaging Systems (P) Ltd., Chennai, India. First edition: January 2010 10 9 8 7 6 5 4 3 2 1 Printed in the United States of America. Table of Contents Preface vii Author’s Note ix 1. Original Meaning 1 2. The Impeachment and Trial of Andrew Johnson 35 3. The Proceedings against Richard M. Nixon 63 4. The Impeachment and Trial of William Jefferson Clinton 91 5. Conclusion 117 Appendix I: In the matter of – William Blount 125 Appendix II: In the matter of – John Pickering 131 Appendix III: In the matter of – Samuel Chase 135 Appendix IV: In the matter of – Andrew Johnson 141 Appendix V: In the matter of – Richard M. Nixon 153 Appendix VI: In the matter of – William Jefferson Clinton 157 Notes 161 Selected Bibliography 223 Index 233 This page intentionally left blank Preface The U.S. Constitution provides that the president and other civil officers of the federal government may be removed from office upon impeachment by the House of Representatives and conviction by the Senate of treason, bribery, and “other high Crimes and Misdemeanors” (Article II, Section 4). The offense of treason was defined in the Constitution (Article III, Section 3) and bribery was an offense well established in common law. In contrast, however, no authoritative definition of “high crimes and misdemeanors” was provided either in the Constitution itself or in the debates of the Framers at the constitutional convention. As a consequence, the meaning of high crimes and misdemeanors—and in particular whether evidence of criminal conduct is required—has been a matter of controversy since the first impeachment and trial of Judge John Pickering in 1804 (chapter 2) and continuing through the impeachment and trial of President William Jefferson Clinton (chapter 4). In order to discern what the Framers intended when they adopted high crimes and misdemeanors as grounds for the removal of the president from office, it is necessary not only to look at the debates at the convention and in the state ratification proceedings but to consider as well the usage of hig