Issue #56, November 13, 2019

Contents: • Md Sen George Vickers & the Impeachment Trial of Pres o 571 words, <2.5 mins • Impeachment of the President: Part 1 o 467 words, <2 mins • When a Valuable Resource Becomes a “Danger” o 475 words, <2 mins • Statewide Bill Proposes to Ban Balloon Releases o 257 words, ~1 min

To read online, go to https://www.CommonSenseEasternShore.org/

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_____ Common Sense for the Eastern Shore, Issue #56, 11/13/19 © 2019 Image: Ghost Forest, Dorchester County, by Gren Whitman Md Sen George Vickers & the May 26, the Senate voted on the Impeachment Trial of President second and third articles, with the Andrew Johnson same result. Ultimately the Senate failed to convict Johnson by one by George Shivers vote. After the Senate trial, there were hearings on reports that George Vickers served in the Republican senators had been as a bribed to vote for acquittal. During Democrat from 1868 to1873. Just the hearings and later inquiries, as he entered the Senate, the there was increasing evidence that impeachment trial of President some of the votes to acquit were Andrew Johnson had begun. The obtained by promises of patronage House had voted 126 to 47 (with and cash. There is also evidence seven members not voting) in that the prosecution tried to bribe favor of a resolution to impeach the senators who voted for Johnson. The resolution contained acquittal to change their votes for 11 articles of impeachment, the conviction. first and most important of which was the dismissal from office of What was George Vickers’s role in Secretary of War Edwin Stanton all of this? The Senate after the Senate had voted not to had appointed him to the U.S. concur and had ordered him to be Senate as a Democrat, but Senate reinstated. Chief Justice Salmon Republicans had blocked his Chase presided over the Senate appointment, and he had not taken trial. office as the Johnson impeachment loomed on the horizon. When the Because 10 former Confederate Republicans’ attempt to block his states had not yet been readmitted assumption of office failed, to the Union, the Senate had 54 supporters of the president crossed members representing 27 states. Chesapeake Bay in an iceboat and The senators voted on three woke Vickers in the middle of the impeachment articles; each time night with the news. Vickers the vote was 35 guilty and 19 not rushed to Washington, was sworn guilty. Because the Constitution in on March 7, 1868, and later cast requires a two-thirds majority his vote against impeaching the voting guilty for impeachment, 36 president. Although he is credited guilty votes were required. Hoping by some sources with casting the to persuade at least one senator to deciding vote, it was Republican change his not-guilty vote, the Senator Edmund Ross of Kansas Senate then adjourned for 10 days. who actually did so. Nevertheless, During the hiatus, the House had Vickers been prevented from passed a resolution to investigate taking his seat in the Senate, it alleged use of corrupt means to seems clear that Andrew Johnson influence the Senate’s decision. On

Common Sense for the Eastern Shore, Issue #56, 11/13/19 2 © 2019 might have been removed from Impeachment of the President: office. Part 1

George Vickers was one of Kent by Tom Timberman County’s most prominent citizens. Born in Chestertown in 1801, he The US House of Representatives was employed in the county clerk’s has launched a formal office for several years and impeachment inquiry against admitted to the bar in 1832. He President Donald Trump. He is only owned a farm in the Quaker Neck the fourth president against whom area. In 1852, he was elected as a such hearings have been opened — delegate to the Whig National Andrew Johnson in 1868, Richard Convention. During the Civil War, Nixon in 1974, and William Clinton he was appointed a major general in 1998. Richard Nixon resigned in the State militia. In 1866 and after being told he would be 1867, he was a member of the impeached and removed from State Senate, which led to his office. Neither Johnson nor Clinton election as a U.S. Senator in 1868. were removed from office.

Kent County records report that Presidents are not the only federal Vickers owned 23 slaves prior to officials who are subject to the Civil War. Five of them enlisted impeachment and removal from in the Union Army, and Vickers was office: the Constitution applies it to paid $100 in compensation for “All Civil Officers of the United each. After the Civil War, Vickers States.” Jefferson’s Vice President, resumed his legal practice in Aaron Burr was charged with Chestertown and died there in treason, but was acquitted. But for 1879. the most part, judges have been the other “officers” to be impeached and removed. Sources: https://en.wikipedia.org/wiki/George_Vick The impeachment process is as ers follows: If a majority of the House https://msa.maryland.gov/megafile/msa/s peccol/sc5400/sc5496/034700/034799/ht vote one or more article of ml/034799bio.html impeachment, then the Senate https://en.wikipedia.org/wiki/Impeachme holds a formal trial, presided over nt_of_Andrew_Johnson by the Chief Justice of the Supreme Court if the defendant is the President. If two-thirds of the ***** Senate vote to convict, then the impeached official is removed from office. The process is similar to but more elaborate than that of the criminal justice system —

Common Sense for the Eastern Shore, Issue #56, 11/13/19 3 © 2019 indictment by a grand jury, trial wrote: “It would be best to provide before a judge and jury — and the Constitution for the regular stems from a practice that was punishment of the Executive when firmly implanted in British common his misconduct should deserve it, law when the US Constitution was and for his honorable acquittal written. when he should be unjustly accused.” The historical background began in 1648-49 when King Charles I had Part 2 of this article will dig deeper been captured and imprisoned by into the current process and the English Parliamentary forces. practices, which the Constitution At his trial before the newly leaves largely up to the House and introduced High Court of Justice, the Senate to invent. he was charged, not as the king, but as Charles Stuart, the man. He was personally accused of acting ***** against “… the public interest, common right, liberty, justice and When a Valuable Resource peace of the people of this nation.” Becomes a “Danger” By accusing him as an individual, the parliament neatly removed the by Jeanette E. Sherbondy complications of the king’s immunities and prerogatives. President Trump signed an executive order titled “Enhancing The record of that event was Public Safety in the Interior of the available in the summer of 1787, United States” only five days after when the framers of the US taking office three years ago. It Constitution assembled in broadened the scope of who could Philadelphia. James Madison, who be deported: “We cannot faithfully helped enable the completion of execute the immigration law of the the Constitution, had this to say: United States if we exempt classes “…impeachment is necessary or categories of removable aliens because the president might from potential enforcement,” said pervert his administration into a the order. Consequently, people scheme of peculation or oppression. who were living here as citizens, or He might betray his trust to foreign as refugees, or with other types of powers.” His friend and strong legal documentation, were supporter during the Convention, redefined as “law breakers.” Gouverneur Morris added that Recently this comment was posted Congress needed the power to on Facebook: “They broke the law. impeach a president for “treachery Punish them.” and corrupting the electors.” And Benjamin Franklin had addressed People cannot be fairly re- the subject the year prior, when he categorized as “illegal aliens” for

Common Sense for the Eastern Shore, Issue #56, 11/13/19 4 © 2019 having been born in the United The American Civil Liberties Union States of foreign parents. The 14th (ACLU) and the Southern Poverty Amendment to the Constitution Law Center are fighting for the says, “No!” They have lived, Constitutional rights of American studied, and worked here all their and foreign families who are lives. Culturally they are American. protected by these rights. Babies That new interpretation of law or are not a danger. Separation is regulation would ironically include simply trauma and cruelty. President Trump as he would then be an illegal alien because his This is America. If “liberty and mother was not born in America. justice for all” is to ring true, we must not put children in dog pens, Recently a father has been not separate families, nor abuse deported because his two-year old those in detention. The only ones daughter had a fever. This is not a who benefit from such cruel legitimate child welfare concern. policies and illegal actions are the Deporting the father will not cure owners of private prisons as well as the sick child. An American military unprincipled politicians, who veteran has been deported pander to constituents who are because he suffers from PTSD he white supremacists and nativists. developed from one of our wars. They hate and fear others whom These are real cases currently they think of as different, and not contested in the courts. worthy of the consideration they expect for themselves. The administration recently announced a new rule that replaces World-wide, countries benefit a 1997 court settlement known as economically as well as socially and the Flores agreement, which spiritually from immigrants. We are limited detention of children to 20 hurting ourselves every time ICE days. This new rule permits the separates members of a family, permanent separation of children every time a person is unjustly from parents. No state welfare deported, every time a plea for system would accept this kind of sanctuary is denied. Fairness is our decision for permanent separation. strength.

The Trump administration was issued an injunction last year to Sources: stop separating families. However, ACLU, and that injunction is not being https://www.pbs.org/newshour/nation/tall observed. The current count of y-of-children-split-at-border-tops-5400-in- new-count?afsrc=1&bfact=true children separated from families at the border has now reached over

5,400 children! *****

Common Sense for the Eastern Shore, Issue #56, 11/13/19 5 © 2019 Statewide Bill Proposes to Ban And with the 2020 General Balloon Releases Assembly on the near horizon, State Sen. Clarence K. Lam (D-12, by Gren Whitman Baltimore and Howard counties) and Del. Wayne A. Hartman (R- Balloons are often released as part 38C, Wicomico and Worchester of a wedding, a groundbreaking, a counties) are introducing bills to memorial vigil, a sport event, or a ban intentional balloon releases civic celebration. And though the statewide. people who release them mean no harm, nevertheless, balloons injure The core of their bill reads: “A and kill wildlife, as well as litter person may not knowingly and land and water, and tangle in trees. intentionally release or cause to be released, or organize the release of, Wherever it touches down, an a balloon into the atmosphere.” A intentionally released balloon can civil penalty not exceeding $250 be deadly for an animal, bird, or per violation is proposed. fish if mistaken for food. Wildlife snarled in balloon ribbons and Sen. Stephen S. Hershey (R-36, strings are often crippled or Kent, Queen Anne’s, Caroline, and strangled. Balloons kill dolphins, Cecil counties) has agreed to co- whales, turtles, seabirds, waterfowl, sponsor the Senate bill. More co- raptors, and other wildlife. If sponsors are being sought. swallowed, a balloon can block an animal's gut, so it starves. For more information, and to help, People concerned about this contact: cheered in August when the Queen Gren Whitman Anne’s County commissioners 443-691-9370 voted to ban balloon releases, [email protected] becoming the first—so far only— Maryland subdivision to do so. Similar bans are being considered ***** in Wicomico County and Baltimore City.

Common Sense for the Eastern Shore, Issue #56, 11/13/19 6 © 2019