Twenty Years of Congress Volume Ii Part 20

--Mr. Sherman said: "If a Cabinet officer should attempt to hold his office for a moment beyond the time when he retains the entire confidence of the President, I would not vote to retain him, nor would I compel the President to have about him in these high positions a man whom he did not entirely trust both personally and politically. It would be unwise to require him to administer the Government without agents of his own choosing. . . . And if I supposed that either of these gentlemen was so wanting in manhood, in honor, as to hold his place after the politest intimation from the President of the United States that his services were no longer needed, I certainly, as a senator, would consent to his removal at any time, and so would we all."

Still more significant and conclusive was the action of both Senate and House on the final pa.s.sage of the Tenure-of-office Act. That action was based upon the report of a conference committee, of which Mr. Sherman was chairman on the part of the Senate, and General Schenck on the part of the House. It will be remembered that the Senate had insisted that officers of the Cabinet should be excepted from the operation of the Tenure-of-office Act, and the House had insisted that they should not be excepted. A compromise was made by the conference committee, the result of which was thus explained to the Senate by Mr. Sherman: "In this case the committee of conference --I agreed to it, I confess, with some reluctance--came to the conclusion to qualify to some extent the power of removal over a Cabinet minister. We provide that a Cabinet minister shall hold his office, _not for a fixed term, not until the Senate shall consent to his removal, but as long as the power that appoints him holds the office_." General Schenck, representing the original House amendment, said: "A compromise was made, by which a further amendment is added to this portion of the bill, so that the term of office of the heads of Departments _shall expire with the term of the President who appointed them_, allowing these heads of Departments one month longer."

These were the well-considered explanations made to their respective branches by the chairmen of the committees that composed the conference. It was upon this uncontradicted, unqualified, universally admitted construction of the Bill that the House and Senate enacted it into a law.

It must not be forgotten that if the Senate had consented to the removal of Mr. Stanton, as was confidently antic.i.p.ated from the expressions of opinion above quoted, no new Secretary could have been installed without the Senate's explicit consent, and that meanwhile the War Department would remain under the control of General Grant, in whose prudent and upright discharge of duty every senator had perfect confidence. The complaint of the President's friends, therefore, was that senators, while perfectly able to exclude from the control of the War Department a man in whom they had no confidence, demanded that the President should retain at the head of that Department an officer in whom he had no confidence. Hence it was that for the first time in the history of the United States, an officer distasteful to the President and personally distrusted and disliked by him was forced upon him as one of his confidential advisers in the administration of the Government. In the _prima facie_ statement of this case the Senate was in the wrong. Upon the record of its votes and the expression of opinion by its own members, the Senate was in the wrong. The history of every preceding Administration and of every subsequent Administration of the Federal Government proves that the Senate was in the wrong.

The situation in which the President was left by this action was anomalous and embarra.s.sing. One of the most important Departments of the Government--especially important at that era--was left under the control of a man with whom he did not even hold personal relations. If this could be done in one Department it could with equal justice be done in all, and the extraordinary spectacle would be presented of each Executive Department under the control of an officer, who in matters of personal feeling and in public policy was deadly hostile to the President of the United States. Even those who insisted most warmly upon Mr. Stanton's being retained in his position, must have seen that such a course would contradict the theory of the National Const.i.tution and be in direct contravention of the practice of the Federal Government. Every one could see that these circ.u.mstances had brought about an unnatural situation--a situation that must in some way be relieved. It presented a condition of affairs for which there was no precedent, and the wisest could not foresee to what end it might lead.

The issue was brought to a head by the President, who informed the senate on the 21st of February (1868), that in the exercise of the power and authority vested in him by the Const.i.tution of the United States, he had that day removed Mr. Stanton from office and designated the Adjutant-General of the Army--Lorenzo Thomas--as Secretary of War _ad interim_. The communication was received with great astonishment by the Senate and with loud expressions of indignation against the President. With short debate and with little delay the Senate pa.s.sed a resolution declaring "that under the Const.i.tution and laws of the United States, the President has no power to remove the Secretary of War and to designate any other officer to perform the duties of that office _ad interim_." The Senate could do nothing more than express and record this opinion, but it did that promptly, resentfully, almost pa.s.sionately.

The House took up the matter in hot temper and in hot haste. A flagrant offense against the Const.i.tution and the laws had, in the judgment of a majority of its members, been committed by the President.

In defiance of the letter and spirit of the Tenure-of-office Act he had removed the Secretary of War from office. He had done this under circ.u.mstances of peculiar aggravation, because the Senate had pa.s.sed upon all his reason therefor when the question of Mr. Stanton's suspension was before that body; and if even the suspension was not justifiable, how very grave must be the offense of removing the Secretary from office! These views and the discussion to which they led engrossed the attention of the House as soon as it was known that the President had sent a message to the Senate communicating his action in regard to Mr. Stanton. The Senate had no sooner recorded its dissent from the Executive power of removal than Mr. Covode of Pennsylvania, on the same day, rose to a privileged question in the House and offered a resolution that "_Andrew Johnson, President of the United States, be impeached of high crimes and misdemeanors_." The resolution was referred to the Committee on Reconstruction and the House adjourned. On the next day (February 22d) Mr. Stevens, chairman of the Reconstruction Committee, reported the resolution back to the House with the recommendation that it pa.s.s, suggesting that the question might immediately be taken without debate.

--Mr. Brooks of New York had hoped for time to prepare a minority report, but contented himself with a long speech earnestly protesting against the Impeachment. "Suppose," said he, "you succeed. You settle that hereafter a party having a sufficient majority in the House and the Senate can depose the President of the United States. You establish a precedent which all future parties in all time to come will look to. The curse of other countries, the curse of France, the curse of the South-American Republics, has been that they followed such a precedent as you call upon us to establish here to-day--the overthrow of their Executive, not by law, not by the Const.i.tution, but by the irregular and arbitrary and revolutionary exercise of power, in order merely to obtain a temporary possession of the Government."

--Mr. Spalding of Ohio followed Mr. Brooks, earnestly supporting the Impeachment. There seemed to be an inordinate desire among gentlemen who had hitherto been conservative on the question, as well as among those who had been constantly in favor of Impeachment, to place themselves on record against the President.

--Mr. John A. Bingham said that "the President having criminally violated the Const.i.tution and the laws, I propose for one to put him on trial."

--Mr. Farnsworth of Illinois declared that "no student of our Const.i.tution, no citizen, can doubt that Andrew Johnson has been guilty of a flagrant violation of our Const.i.tution, which is justly impeachable."

--Judge Kelley of Pennsylvania warned "those who have spoken on the other side to-day, that they had better exercise the privilege of revising their words, and that it will be well for others to pause before they speak in defense of the great criminal whom the American people arraign for thousands of crimes."

--General Logan, answering those who feared that Impeachment might lead to some form of revolution, said "that a country which in time of war and excitement can stand the a.s.sa.s.sination of so good and just a President as Abraham Lincoln, can and will stand the Impeachment of as bad a President as Andrew Johnson."

--Mr. Ingersoll of Illinois, in the course of his remarks sustaining Impeachment, read a telegram from Governor Oglesby, declaring his belief "that the people of Illinois demand the Impeachment of Andrew Johnson, and will heartily sustain such action by our Congress." Mr.

Ingersoll declared that the telegram from the Governor of Illinois "is but the voice of the people of the whole country on the question.

There have been grave doubts with regard to the policy and the right of impeaching the President upon the facts as presented heretofore, but at the present hour I know of no man who loves his country more than party who will not p.r.o.nounce a verdict against the President.

And, sir, I shall for one be grievously disappointed if, within ten days from this time, honest old Ben Wade (now President of the Senate) is not President of the United States."

The proceedings were carried far into the night, and their deep seriousness had been somewhat relieved by amusing effort on the part of several Democratic members to have Washington's Farewell Address read in honor of the day. But they failed to accomplish it, because a resolution to that effect could not take precedence of the privileged subject which was holding the attention of the House. At a late hour Mr. Holman of Indiana, unable to secure the reading of the address, obtained leave to print it in connection with his remarks, and thus left in the columns of the _Globe_ a somewhat striking contrast--on the one hand, the calm words of Washington counseling peace and good will among his countrymen, and warning them of the evils of party spirit; on the other, the exciting and inflammatory attempt to remove one of Washington's successors from office by impeaching him of high crimes and misdemeanors.

The hours of the intervening Sunday did not appease the temper or cool the ardor of the Republican representatives, now so evidently bent on impeaching the President. The House had adjourned on Sat.u.r.day night to meet at ten o'clock Monday morning, with the declared intention on the part of the majority to force the resolution of Impeachment to a vote on that day. Mr. Ashley of Ohio opened the debate with a fierce attack upon the President, and was followed by Mr. Burton C. Cook of Illinois in a brief but pointed legal argument to prove that the President had violated the letter and spirit of the law.

--Mr. Julian of Indiana made a somewhat remarkable speech. "Is it not most fortunate," said he, "that this single act of lawlessness has been evoked which so beautifully consolidates into a unit all the friends of the country in this House and throughout the nation? _It is true the removal of the Secretary of War is relatively a simple matter_. It is scarcely a peccadillo when considered beside the New-Orleans ma.s.sacre and many other of the wholesale enormities of which he has been known to be guilty for many months past, _but I believe it would be regarded as scarcely sufficient ground for this proceeding if not considered in the light of far greater previous offenses_."

--Mr. James F. Wilson of Iowa said: "I will vote for the pending resolution to the end that law may be vindicated by the removal of an unworthy public servant from an official position, which he has dishonored by his perverse disregard of duty and his unjustifiable contempt for the supremacy of the law."

--General Butler, after a careful recital of the acts of the President, said: "For a t.i.the of these acts of usurpation, lawlessness and tyranny our fathers dissolved their connection with the government of King George; for less than this King James lost his throne, and King Charles lost his head; while we, the representatives of the people, adjudge only that there is probable cause shown why Andrew Johnson should be deprived of the office he has desecrated and the power he has abused, and if convicted by the court to which we shall send him, be forever incapable of filling that office--the ambition to be again nominated to which has been the moving spring of all these crimes."

--Mr. Washburne of Illinois said: "In my judgment the safety of the country, the cause of good government, the preservation of Const.i.tutional right and public liberty, depend upon the prompt impeachment of the President of the United States."

--Mr. Woodward of Pennsylvania, a bitter anti-war Democrat, formerly Chief Justice of the Supreme Court of his State, protested earnestly against Impeachment, on the ground that all the States not being represented either in House or Senate, there was no competent branch to impeach and none to try an officer. "If I were the President's counselor," said he, "I would advise him, if you preferred Articles of Impeachment, to demur to your jurisdiction and to that of the Senate, and issue a proclamation giving you and all the world notice that while he held himself impeachable for misdemeanors in office before the Const.i.tutional tribunal, he never would subject the office he holds in trust to the irregular, unconst.i.tutional, and fragmentary bodies who propose to strip him of it."

--Mr. Boutwell spoke very earnestly and ably in favor of Impeachment.

"I can but indicate," said he, "the plot in which the President is engaged. He desires first to get control of the War Department, in order that, as in 1861, the munitions of war, arms and material might be used for te purpose of enabling him to succeed in his aspirations to be President of the United States. He knew that if he could corrupt the leaders of the Army, if he could bend these men to his will, these ten States were in his control, and that he could send to the Democratic Convention, to be holden on the 4th of July next, men who would sustain his claim for the Presidency. Then, upon the allegation which he could well carry out and which no other man could make good, that with the Army and his influence among the rebels of the South, whom he had brought to his support by his previous violations of law, he could secure the electoral votes of those ten States by excluding the negroes whom we have enfranchised from all partic.i.p.ation in the election. Succeeding in this, we were to be met next February with the electoral votes of those ten States given for himself as President of the United States. If by fortune, as was his hope, he should receive a sufficient number of votes in the North to make a majority, then, with the support of the Army which he had corrupted, he had determined to be inaugurated President of the United States at the hazard of civil war. To-day, sir, we escape from these evils and dangers."

--Mr. Kerr of Indiana, speaking for the Democrats, said: "I and those with whom I act in this House had no knowledge whatever of the purpose of the Executive to do the act for which the movement is again inaugurated for his deposition. We are therefore free in every sense to submit to the guidance alone of reason and duty."

Late in the afternoon Mr. Stevens rose to close the debate. He said: "In order to sustain Impeachment under our Const.i.tution I do not hold that it is necessary to prove a crime as an indictable offense, or any act _malum in se_. I agree with the distinguished gentleman from Pennsylvania, on the other side of the House (Mr. Woodward), who holds this to be a purely political proceeding. It is needed as a remedy for malfeasance in office and to prevent the continuance thereof.

Beyond that it is not intended as a punishment for past offenses or for future example." He made one of his peculiarly pungent speeches, which for some unexplained reason was scarcely less bitter on General Grant than upon President Johnson. The whole day's proceedings had been extraordinary. Never before had so many members addressed the House on a single day. The speeches actually delivered and the speeches for which leave to print was given, fill more than two hundred columns of the _Congressional Globe_. When Mr. Stevens closed the debate, many members who still desired to be heard were cut off by the previous question.

The vote on the resolution impeaching the President resulted in _ayes_ 126, _noes_ 47, not voting 17.(3) Mr. Stevens immediately offered a resolution directing the "appointment of a committee of two members to appear at the bar of the Senate, and in the name of the House of Representatives and of the people of the United States to impeach Andrew Johnson, President of the United States, of high crimes and misdemeanors in office, and to acquaint the Senate that the House will in due time exhibit particular Articles of Impeachment against him and make good the same, and that the committee demand that the Senate take order for the appearance of Andrew Johnson to answer to said Impeachment." Mr. Stevens further moved that "a committee of seven be appointed to prepare and report Articles of Impeachment against Andrew Johnson, President of the United States, with power to send for persons and papers." The resolutions were adopted by a strict party vote. The Speaker appointed Mr. Stevens and Mr. Bingham the committee to notify the Senate of the impeachment of the President, and further appointed Mr. Boutwell, Mr. Stevens, Mr. Bingham, Mr. J. F. Wilson, Mr. Logan, Mr. Julian, and Mr. Hamilton Ward of New York, the committee to prepare Articles of Impeachment against the President.

Five days afterwards, on the 29th of February, Mr. Boutwell, chairman of the committee appointed to prepare Articles of Impeachment against the President, made his report. The Articles were debated with even greater manifestation of feeling than had appeared in the discussion on the resolution of Impeachment. They were adopted March 2d, by a party vote. The House then proceeded to elect managers of the Impeachment by ballot, and the following gentlemen were chosen (their names being given in the order of the number of votes which each received): John A. Bingham, George S. Boutwell, James F. Wilson, Benjamin F. Butler, Thomas Williams, John A. Logan, and Thaddeus Stevens. The votes for the several managers did not widely differ.

The highest, 114, was given to Mr. Bingham; the lowest, 105, to Mr.

Stevens. The latter was failing in health and was considered by many members unequal to the arduous work thus imposed on him. The Democrats presented no candidates and took no part in the election of managers.

The aggregate ability and legal learning of the Managers were everywhere conceded. Mr. Stevens in the period of his active practice held a very high rank at the bar of Pennsylvania. General Butler was in the profession of the law, as in all other relations, somewhat peculiar in his methods, but his intellectual force and his legal learning were recognized by his friends and his enemies--and he had a full quota of each. Mr. Bingham, Mr. Boutwell, Mr. Wilson, General Logan, and Mr. Williams represented the strength of the Republican party in the House. Each was well known at the bar of his State, and each was profoundly convinced of the necessity of convicting the President. The most earnest--if there was any difference in zeal among the Managers--were Mr. Boutwell and Mr. Williams. Mr. Boutwell, for a man of cool temperament, thoroughly honest mind, and sober judgment, had wrought himself into a singularly intense belief in the supreme necessity of removing the President; while Mr. Williams, who tended towards the radical side of all public questions, could not with patience hear any thing said against the wisdom and expediency of Impeachment. Mr. Bingham and Mr. Wilson were the only Managers who on the first effort to impeach the President had voted in the negative.

President Johnson was well advised during this exciting period in Congress and betrayed no uneasiness. He was guarded against the folly of talking, which was his easily besetting sin, and he sought to fortify his position by promptly submitting a nomination for Secretary of War. On Sat.u.r.day, February 22d, the day following the removal of Mr. Stanton, he sent to the Senate the name of Thomas Ewing (senior) of Ohio as his successor. The Senate had adjourned when the President's Secretary reached the Capitol, but the nomination was formally communicated on the following Monday. No name could have given better a.s.surance of good intentions and upright conduct than that of Mr. Ewing. He was a man of lofty character, of great eminence in his profession of the law, and with wide and varied experience in public life. He had held high rank as a senator in the Augustan period of the Senate's learning and eloquence, and he had been one of the ablest members of the distinguished Cabinets organized by the only two Presidents elected by the Whig party. He had reached the ripe age of seventy-eight years but was still in complete possession of all his splendid faculties. He had voted for Mr. Lincoln at both elections, had been a warm supporter of the contest for the Union, and was represented by his own blood on many of the great battle-fields of the war. The Lieutenant-General of the army, with his ill.u.s.trious record of service, second only to that of General Grant, was his son-in-law.

Of whatever deadly designs Mr. Johnson might be suspected, there was no man of intelligence in the United States willing to believe that Mr. Ewing could be tempted to do an unpatriotic act, to violate the Const.i.tution, or to fail in executing with fidelity the laws of the land. If the President intended to corrupt the army, as charged by Mr. Boutwell, he had certainly chosen a singular co-laborer in the person of Mr. Ewing. Wild rumors had been in circulation that the President was determined to install General Thomas by military force, and to eject Mr. Stanton with violence from the War Office which he refused to surrender. The public uneasiness resulting from these sensational reports was in large degree allayed, when it was announced that the President had signified his desire that a grave and considerate man with long-established reputation for ability and probity should serve as Secretary of War. The surprise in the whole matter was that the President should have selected Mr. Ewing, who, as was known to a few friends, had earnestly advised Mr. Johnson against removing Secretary Stanton.

The Senate however was in no mood to accept any nomination for the War Office from President Johnson. The issue was not whether Mr.

Ewing was a judicious and trustworthy man for the vacancy, but whether any vacancy existed. If Mr. Johnson had removed or attempted to remove Mr. Stanton from office in an unlawful and unconst.i.tutional manner, the Senate, in the judgment of those who were directing its action, would be only condoning his offense by consenting to the appointment of a successor. Mr. Johnson's right to nominate any one was denied, and when the name of Mr. Ewing was received it was known by all that a committee of Representatives might at any moment appear at the bar of the Senate to present an Impeachment against the President for unlawfully attempting to remove Mr. Stanton. The course of the Senate had been fully antic.i.p.ated by the President and his advisers, and they had, in their own judgment at least, obtained an advantage before the public by so complete an abnegation of all partisan purposes as was implied in the offer to confide the direction of the War Department to Mr. Ewing.

The formal presentment of the charges against the President at the bar of the Senate, presided over by the Chief Justice of the United States, and sitting as a Court of Impeachment, was made on the fifth day of March (1868), when the House of Representatives, the grand inquest of the nation, attended the Managers as they came to the discharge of their solemn duty. Mr. Bingham, the chairman of the managers, read the Articles of Impeachment against Andrew Johnson. At the conclusion of the reading the Senate adjourned to the 13th, when the counsel of the President appeared and asked that forty days be allowed for the preparation of his answer to the charges. The time was regarded as unreasonably long, and the Senate voted to adjourn until the 23d of March, when it was expected that the President's counsel would present his answer. The President's cause was represented by an imposing array of ability and legal learning. The Attorney-General, Henry Stanbery, had from an impulse of chivalric devotion resigned his post for the purpose of defending his chief. His reputation as a lawyer was of the first rank in the West, where for nearly forty years he had been prominent in his profession. But though first named, on account of his personal and official relations with the President, he was not the leading counsel. The two men upon whom the success of the President's cause chiefly rested were Judge Curtis and Mr. Evarts.

Benjamin R. Curtis, when he appeared in the Impeachment case, was in the fullness of his powers, in the fifty-ninth year of his age. At forty-one he had been appointed to the Supreme Bench of the United States at the earnest request and warm recommendation of Mr. Webster, then Secretary of State. Mr. Webster is reported to have said that he had placed the people of Ma.s.sachusetts under lasting obligation to him by inducing Governor Lincoln, in 1830, to appoint Lemuel Shaw Chief Justice of the Supreme Court of the State, a position which he honored and adorned for thirty years. Mr. Webster thought he was doing an equal service to the people of the entire Union when he induced the President to call Mr. Curtis to the Supreme Bench. But judicial life had not proved altogether agreeable to Judge Curtis, and after a remarkable and brilliant career of six years he resigned, in October, 1857, and returned to the practice of the law--his learning increased, his mind enriched and broadened by the grave national questions engaging the attention of the court during the period of his service.

Thenceforward during his life no man at the bar of the United States held higher rank. He was entirely devoted to his profession. He had taken no interest in party strife, and with the exception of serving two sessions in the Ma.s.sachusetts Legislature he had never held a political office. In arguing a case his style was peculiarly felicitous--simple, direct, clear. In the full maturity of his powers and with all the earnestness of his nature he engaged in the President's defense; and he brought to it a wealth of learning, a dignity of character, an impressiveness of speech, which attracted the admiration and respect of all who had the good fortune to hear his great argument.

William M. Evarts, who was a.s.sociated with him, was nine years the junior of Mr. Curtis. He had followed his profession with equal devotion, and, like his ill.u.s.trious colleague, had never been deflected from its pursuit by partic.i.p.ation in the honors of political life. His career had been in the city of New York, where, against all the rivalry of the Metropolitan bar, he had risen so rapidly that at forty years of age his victory of precedence was won and his high rank established.

A signal tribute was paid to his legal ability and his character when, in the early stages of the civil war, the National Government sent him abroad on an important and delicate errand in connection with our international relations,--an errand which could be safely entrusted only to a great lawyer. As an advocate Mr. Evarts early became conspicuous, and, in the best sense, famous. But he is more than an advocate. He is an orator,--affluent in diction, graceful in manner, with all the rare and rich gifts which attract and enchain an audience.

He possesses a remarkable combination of wit and humor, and has the happy faculty of using both effectively, without inflicting deadly wounds, without incurring hurtful enmities. Differing in temperament and in manner from Judge Curtis, the two seemed perfectly adapted for professional co-operation, and united they const.i.tuted an array of counsel as strong as could be found at the English-speaking bar.

It was expected that Judge Jeremiah S. Black would add his learning and ability to the President's counsel, but at the last moment before the trial began he withdrew, and his place was filled by William S.

Groesbeck of Cincinnati. Mr. Groesbeck was favorably known to the country by his service as a Democratic representative in the Thirty-sixth Congress, but little had been heard of his legal learning outside of Ohio. He took no part in the conduct of the Impeachment case, but his final argument was a surprise to the Senate and to his professional brethren, and did much to give him a high reputation as a lawyer.--The counsel for the President was completed by the addition of a confidential friend from his own State, Hon. T. A. R. Nelson. Mr.

Nelson had been closely a.s.sociated with Mr. Johnson in the Tennessee struggles for the Union, had gained reputation as a representative in the Thirty-sixth Congress, and had acquired a good standing at the bar of his State.

The answer of the President to the Articles of Impeachment having been presented on the 23d, the replication of the House duly made, and all other preliminary and introductory steps completed, the actual trial began on Monday, the thirtieth day of March (1868), when General Butler, one of the Managers on behalf of the House of Representatives, made the opening argument. It was very voluminous, prepared with great care in writing, and read to the Senate from printed slips. It was accompanied by a brief of authorities upon the law of impeachable crimes and misdemeanors, prepared by Hon. William Lawrence of Ohio with characteristic industry and learning. While every point in the charges preferred by the House was presented by General Butler with elaboration, the weight of his argument against the President lay in the fact that the removal of Mr. Stanton from the office of Secretary of War was, as he averred, an intentional violation of the Tenure-of-office Act, an intentional violation of the Const.i.tution of the United States. This was set forth in every possible form, and argued in every possible phase, with the well-known ability of General Butler; and though other charges were presented against the President, the House of Representatives relied mainly upon this alleged offense for his conviction.

General Butler in his argument was evidently troubled by the proviso in the Tenure-of-office Act, that members of the Cabinet should hold their offices "during the term of the President by whom they were appointed, and for one month longer." He sought to antic.i.p.ate his opponents' argument on this point. "By whom was Mr. Stanton appointed?" asked General Butler. "By Mr. Lincoln. Whose Presidential term was he holding under when the bullet of Booth became the proximate cause of this trial? Was not his appointment in full force at that hour? Had any act of President Johnson up to the twelfth day of August last vitiated or interfered with that appointment? Whose Presidential term is Mr. Johnson now serving out? His own or Mr. Lincoln's? If his own, he is ent.i.tled to four years up to the anniversary of the murder, because each Presidential term is four years by the Const.i.tution, and the regular recurrence of those terms is fixed by the Act of May 8, 1792. If he is serving out the remainder of Mr.

Lincoln's term, then his term of office expires on the 4th of March, 1868, if it does not before."

At the conclusion of General Butler's argument, the Managers submitted their testimony in support of the charges brought by the House. Some twenty-five witnesses in all were introduced by the prosecution. Many of them were merely for the verification of official papers which were submitted in evidence. The President's speeches defaming Congress were produced and sworn to by the reporters who took the notes when the President delivered them. The Managers concluded their testimony on the fourth day of April and the Senate took a recess for five days.

On the 9th of April Judge Curtis of the President's counsel opened for the defense. He had no labored introduction, but went directly to his argument. He struck his first blow at the weak point in General Butler's strong speech. Judge Curtis said: "There is a question involved which enters deeply into the first eight Articles of Impeachment and materially touches two of the others; and to that question I desire in the first place to invite the attention of the court, namely, _whether Mr. Stanton's case comes under the Tenure-of-office Act?_ . . . I must ask your attention therefore to the construction and application of the first section of that Act, as follows: 'that every person holding an official position to which he has been appointed by and with the advice and consent of the Senate, and every person who shall hereafter be appointed to any such office and shall become duly qualified to act therein, is and shall be ent.i.tled to hold such office until a successor shall have been in like manner appointed and duly qualified, except as herein _otherwise provided_.' Then comes what is 'otherwise provided.' '_Provided_ however that the Secretaries of the State, Treasury, War, Navy, and Interior Departments, the Postmaster-General and Attorney-General, shall hold their offices respectively _for and during the term of the President by whom they may have been appointed and for one month thereafter, subject to removal by and with the advice and consent of the Senate_.'

"The first inquiry which arises on this language," said Judge Curtis, "is to the meaning of the words 'for and during the term of the President.' Mr. Stanton, as appears by the commission which has been put into the case by the honorable Managers, was appointed in January, 1862, during the first term of President Lincoln. Are these words, 'during the term of the President,' applicable to Mr. Stanton's case?

That depends upon whether an expounder of this law judicially, who finds set down in it as a part of the descriptive words, '_during the term of the President_,' has any right to add '_and during any other term for which he may be afterwards elected_.' I respectfully submit no such judicial interpretation can be put on the words. Then if you please, take the next step. 'During the term of the President by whom he was appointed.' At the time when this order was issued for the removal of Mr. Stanton, was he holding during the term of the President by whom he was appointed? The honorable Managers say, Yes; because, as they say, Mr. Johnson is merely serving out the residue of Mr.

Lincoln's term. But is that so under the provisions of the Const.i.tution of the United States? . . . Although the President, like the Vice-President, is elected for a term of four years, and each is elected for the same term, the President is not to hold his office absolutely during four years. The limit of four years is not an absolute limit. Death is a limit. A 'conditional limitation,' as the lawyers call it, is imposed on his tenure of office. And when the President dies his term of four years, for which he was elected and during which he was to hold provided he should so long live, terminates and the office devolves upon the Vice-President. For what period of time? _For the remainder of the term for which the Vice-President was elected_. And there is no more propriety, under those provisions of the Const.i.tution of the United States, in calling the time during which Mr. Johnson holds the office of President, after it was devolved upon him, a part of Mr. Lincoln's term than there would be propriety in saying that one sovereign who succeeded another sovereign by death holds part of his predecessor's term."

Judge Curtis consumed two days in the delivery of his argument. He made a deep impression, not only on the members of the Senate but on all who had the privilege of listening to him. His manner was quiet and undemonstrative, with no gestures, and with no attempt at loud talk. His language expressed his meaning with precision. There was no deficiency and no redundancy. He seldom used a word more or a word less than was needed to give elegance to his diction, explicitness to his meaning, completeness to his logic. He a.n.a.lyzed every argument of the Impeachment with consummate skill. Those who dissented from his conclusions united with those who a.s.sented to them in praise of his masterly presentment of the President's defense.

After Judge Curtis had concluded, witnesses were called on behalf of the President. The struggle that followed for the admission or exclusion of testimony obviously strengthened the President's case in popular opinion, which is always influenced by considerations of what is deemed fair play. Exclusion of testimony by an arbitrary vote on mere technical objections, especially where men equally learned in the law differ as to its competency and relevancy, is not wise in a political case that depends for its ultimate judgment upon the sober thought of the people. Judge Curtis had maintained with cogent argument that the President was ent.i.tled to a judicial interpretation of the Tenure-of-office Law, and his a.s.sociate counsel, Mr. Evarts, in the progress of the case made this proposition:--

"We offer to prove that the President at a meeting of the Cabinet while the bill was before him for his approval, laid the Tenure-of-office Bill before the Cabinet for their consideration and advice respecting his approval of the bill, and thereupon the members of the Cabinet then present gave their advice to the President that the bill was unconst.i.tutional and should be returned to Congress with his objections, _and that the duty or preparing the message setting forth the objections to the const.i.tutionality of the bill was devolved upon Mr. Seward and Mr. Stanton_." The Managers of the House objected to the admission of the testimony and the question of its admissibility was argued at length by General Butler, by Judge Curtis, and by Mr.

Evarts. Chief Justice Chase decided "that the testimony is admissible for the purpose of showing the intent with which the President has acted in this transaction." Mr. Howard of Michigan thereupon demanded that the question be submitted to the Senate, and by a vote of 29 to 20 the decision of the Chief Justice was overruled and the testimony excluded. This exclusion impressed the public most unfavorably.