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 indictable offence. This doctrine had very large support in the legal profession, resting on remarks found in Blackstone. On the other hand, Chancellor Kent, in his Commentaries, had given support to the doctrine that a civil officer was liable to impeachment who misdemeaned himself in office. The provision of the Constitution is in these words:
"The President, Vice-President, and all Civil Officers of the United States shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors."
The majority of the Judiciary Committee, in the controversy which arose in the committee and in the House of Representatives, maintained that the word "misdemeanors" was used in a political sense, and not in the sense in which it is used in criminal law. In support of this view attention was called to the fact that the party convicted was liable only to removal from office, and therefore that the object of the process of impeachment was the purification and preservation of the civil service. In the opinion of the majority, it was the necessity of the situation that the power of impeachment should extend to acts and offences that were not indictable by statute nor at common law. The report of the Judiciary Committee, made the twenty-fifth day of November, was rejected by the House of Representatives.
The attempt of the President to remove Mr. Stanton from the office of Secretary for the Department of War revived the question of impeachment, and on Monday, the twenty-fourth day of February, 1868, the House of Representatives "resolved to impeach Andrew Johnson, President of the United States, of high crimes and misdemeanors." The articles of impeachment were acted on by the House of Representatives the second day of March, and on the fourth day of March they were presented to the Senate through Mr. Bingham, chairman of the managers, who was designated for that duty.