Volume 2 — CHAPTER XIV. (continued 2)

The trial of President Johnson is the most memorable attempt made by any English-speaking people to depose a sovereign ruler in strict accordance with all forms of law. The order, dignity and solemnity which marked the proceedings may therefore be realized with pride by every American citizen. From the beginning to the end there was no popular menace, or even suggestion of disturbance or violence, let the trial end as it might. If the President had been convicted he would have quietly retired from the Executive Mansion and Benjamin F. Wade, President of the Senate, sworn by the Chief Justice in the presence of the two Houses of Congress, would have assumed the power and performed the duties of Chief Magistrate of the Nation. During the original agitation of Impeachment in the House of Representatives some imprudent expressions had been made by hot-headed partisans, in regard to the right of the President to disperse Congress and appeal directly to the people to vindicate his title to his office. But these declarations were of no weight and their authors would have promptly retracted them in the hour of danger.

The time within which the trial of the President was comprised, from the presentation of the charges by the House of Representatives until the final adjournment of the Senate as a Court of Impeachment, was eighty-two days. Within that period the amplest opportunity was afforded to submit testimony and to hear the pleas of counsel. The gravity of the procedure was fully realized by all who took part in it, and no pains were spared to secure the observance of every Constitutional requirement to the minutest detail. In conserving its own prerogatives Congress made no attempt to curtail the prerogatives of the President during his trial. The army and the navy were under his control, together with the power to change that vast host of Federal officers and employees whose appointment does not require the confirmation of the Senate. Confidence in the reign of law was so absolute that no one ever dreamed it possible for the President to resist the force of its silent decree against him if one more voice in the Senate had pronounced him guilty.

The trial of Warren Hastings is always quoted as a precedent of imposing authority and consequence. But that was simply the arraignment of a subordinate official, upon charges of peculation and cruelty—misdemeanors not uncommon with the Englishmen of that day who were entrusted with Colonial administration. The great length of the Hastings trial, and especially the participation of Edmund Burke as original accuser and chief manager, have given it an extraneous importance to students of English history and law. The Articles of Impeachment, drawn by Mr. Burke, were presented at the bar of the House of Lords in April, 1786. They were so elaborate as to fill a stately octavo volume of five hundred pages. Mr. Burke's opening speech was not made for two years thereafter, and his closing plea was made in June 1794. During these eight years his splendid eloquence was the admiration and pride of the English people, and gave to the arraignment of Hastings an extrinsic interest far beyond the real importance. It bore no comparison in any of its essential aspects with a change of Rulership in a Republic of forty millions of people. Scarcely an incident of Hastings' life in India would be known to the popular reader, except for the association of his name with the most celebrated period of Mr. Burke's majestic career. Baron Plassy, a far greater man in the same field of achievement, is, compared with Hastings, little known—the title not being remembered even by the mass of his countrymen to-day as part of the reward to Robert Clive for founding the British Empire in India.

But the importance of the President's Impeachment does not depend upon the fame of his accusers or upon the length of his trial. The case in itself possesses intrinsic and enduring interest. It was not affected by factitious circumstances. It is notable especially because of the extreme tension to which it subjected the Constitution, and the attestation it affords of the restraint which a free people instinctively impose upon themselves in times of public excitement. It will be studied as a precedent, or as a warning, by the citizens of the Great Republic during the centuries through which, God grant, it may pass with increasing prosperity and renown. And it may well happen that in the crises of a distant future the momentous trial of 1868, though properly resulting in acquittal of the accused, will be recalled as demonstrating the ease and the serenity with which, if necessity should demand it, the citizens of a free country can lawfully deprive a corrupt or dangerous Executive of the office he has dishonored and the power he has abused.

Mr. Stanton promptly resigned his post when the Impeachment failed and returned to private life and to the practice of his profession. He was accompanied into his retirement by a vote of thanks from Congress for "the great ability, purity and fidelity with which he had discharged his public duties"; and in confirming his successor, the Senate adopted a resolution that Mr. Stanton was not legally removed, but had relinquished his office. He was broken in health and very keenly disappointed by the failure of the Impeachment. He supported General Grant for the Presidency and made one or two important public speeches in aid of his election. On the 20th of December, 1869, he was appointed by President Grant an Associate Justice of the Supreme Court of the United States. For many years of his eminent professional life this high judicial position was the one ambition which Mr. Stanton had cherished. But its realization came too late. His prolonged labors, his anxieties and his disappointments had done their work, and on the 24th of December, five days after he had completed his fifty-fifth year, he sank to his grave, after herculean labors for the safety and honor of his country.

General John M. Schofield was nominated by the President as Mr. Stanton's successor and was confirmed by the Senate. He had an unexceptional record as a soldier, was a man of spotless personal character, and possessed of sound judgment and discretion. His ability for civil administration had been tested and satisfactorily demonstrated during his command of the District of Virginia in the period of reconstruction, and also in a certain degree during the war when Mr. Lincoln entrusted to him the difficult task of preserving loyal ascendency in Missouri. He took charge of the War Department at a difficult and critical time, but his administration of it was in all respects successful and received the commendation of fair-minded men in all parties.

Immediately after his acquittal the President renominated Mr. Stanbery for Attorney-General. The Senate, in a spirit of resentment not altogether praiseworthy or intelligible, rejected him. It was rumored that Mr. Stanbery's previous course as Attorney-general "in construing the Reconstruction Acts" had given offense to certain senators. No reason, however, was assigned and indeed no good reason could be given, for this personal injustice to an able lawyer and an honorable man. He was simply a victim to the political excitement of the hour. Upon Mr. Stanbery's rejection the President nominated Mr. Evarts to his first official position under the National Government. He was promptly confirmed, and, it need not be added, discharged the duties of Attorney-General with eminent ability and with a popularity which tended to re-establish in some degree those relations of personal courtesy always so desirable between Congress and the Executive Departments.

[(1) The following is General Grant's testimony in full, touching the point referred to. It was given under oath before the Judiciary Committee on the 18th of July, 1867.

MR. BOUTWELL: "Have you at any time heard the President make any remark in reference to the admission of members of Congress from the rebel States into either House?"

GENERAL GRANT: "I cannot say positively what I have heard him say on the subject. I have heard him say as much, perhaps, in his published speeches last summer, as I ever heard him say at all upon that subject. I have heard him say—and I think I have heard him say it twice in his speeches—that if the North carried the elections by members enough to give them, with the Southern members, a majority, why would they not be the Congress of the United States? I have heard him say that several times."

MR. THOMAS WILLIAMS: "When you say 'the North,' you mean the Democratic party of the North; or, in other words, the party favoring his policy?"

GENERAL GRANT: "I mean if the North carried enough members in favor of the admission of the South. I did not hear him say that he would recognize them as the Congress. I merely heard him ask the question, 'Why would they not be the Congress?'"

MR. JAMES F. WILSON: "When did you hear him say that?"

GENERAL GRANT: "I heard him say that in one or two of his speeches. I do not recollect when."

MR. BOUTWELL: "Have you heard him make a remark kindred to that elsewhere?"

GENERAL GRANT: "Yes, I have heard him say that, aside from his speeches, in conversation. I cannot say just when: it was probably about that same time."

MR. BOUTWELL: "Have you heard him at any time make any remark or suggestion concerning the legality of Congress with the Southern members excluded?"

GENERAL GRANT: "He alluded to that subject frequently on his tour to Chicago and back last summer. His speeches were generally reported with considerable accuracy. I cannot recollect what he said, except in general terms; but I read his speeches at the time, and they were reported with considerable accuracy."

MR. BOUTWELL: "Did you hear him say any thing in private on that subject, either during that trip or at any other time?"

GENERAL GRANT: "I do not recollect specially."

MR. BOUTWELL: "Did you at any time hear him make any remark concerning the Executive Department of the Government?"

GENERAL GRANT: "No: I never hear him allude to that."

MR. BOUTWELL: "Did you ever hear him make any remark looking to any controversy between Congress and the Executive?"

GENERAL GRANT: "I think not."]

[(2) The following is the vote of the House, in detail, on the first Impeachment resolution. Republicans are given in Roman; Democrats in Italic:—

AYES.—Messrs. Anderson, Arnell, James M. Ashley, Boutwell, Bromwell, Broomall, Butler, Churchill, Reader W. Clarke, Sidney Clarke, Cobb, Coburn, Covode, Cullom, Donnelly, Eckley, Ela, Farnsworth, Gravely, Harding, Higby, Hopkins, Hunter, Judd, Julian, Kelley, Kelsey, William Lawrence, Loan, Logan, Loughridge, Lynch, Maynard, McClurg, Mercur, Mullins, Myers, Newcomb, Nunn, O'Neill, Orth, Paine, Pile, Price, Schenck, Shanks, Aaron F. Stevens, Thaddeus Stevens, Stokes, Thomas, John Trimble, Trowbridge, Robert T. Van Horn, Ward, Thomas Williams, William Williams, and Stephen F. Wilson—57.

NOES.—Messrs. Adams, Allison, Ames, Archer, Delos R. Ashley, Axtell, Bailey, Baker, Baldwin, Banks, Barnum, Beaman, Beck, Benjamin, Benton, Bingham, Blaine, Boyer, Brooks, Buckland, Burr, Cary, Chanler, Cook, Dawes, Dixon, Dodge, Driggs, Eggleston, Eldridge, Eliot, Ferriss, Ferry, Fields, Garfield, Getz, Glossbrenner, Golladay, Griswold, Grover, Haight, Halsey, Hamilton, Hawkins, Hill, Holman, Hooper, Hotchkiss, Asahel W. Hubbard, Chester D. Hubbard, Richard D. Hubbard, Hulburd, Humphrey, Ingersoll, Johnson, Jones, Kerr, Ketcham, Knott, Koontz, Laflin, George V. Lawrence, Lincoln, Marshall, Marvin, McCarthy, McCullogh, Miller, Moorhead, Morgan, Mungen, Niblack, Nicholson, Perham, Peters, Phelps, Pike, Plants, Poland, Polsley, Pruyn, Randall, Robertson, Robinson, Ross, Saywer, Sitgreaves, Smith, Spalding, Starkweather, Stewart, Stone, Taber, Taylor, Upson, Van Aernam, Van Aucken, Van Trump, Van Wyck, Cadwalader C. Washburn, Elihu B. Washburne, Henry D. Washburn, William B. Washburn, Welker, James F. Wilson, John T. Wilson, Woodbridge, and Woodward—108.

ABSENT OR NOT VOTING.—Messrs. Barnes, Blair, Cake, Cornell, Finney, Fox, Jenckes, Kitchen, Mallory, Moore, Morrell, Morrissey, Pomeroy, Ram, Scofield, Seelye, Shellabarger, Taffe, Twichell, Burt Van Horn, Windom, and Wood—22.]

[(3) The following is the vote of the House, in detail, on the second Impeachment resolution, February 24, 1868. Republicans are given in Roman; Democrats in Italic:—

AYES.—Messrs. Allison, Ames, Anderson, Arnell, Delos R. Ashley, James M. Ashley, Bailey, Baker, Baldwin, Banks, Beaman, Beatty, Benton, Bingham, Blaine, Blair, Boutwell, Bromwell, Broomall, Buckland, Butler, Cake, Churchill, Reader W. Clarke, Sidney Clarke, Cobb, Coburn, Cook, Cornell, Covode, Cullom, Dawes, Dodge, Driggs, Eckley, Eggleston, Eliot, Farnsworth, Ferriss, Ferry, Fields, Gravely, Griswold, Halsey, Harding, Higby, Hill, Hooper, Hopkins, Asahel W. Hubbard, Chester D. Hubbard, Hulburd, Hunter, Ingersoll, Jenckes, Judd, Julian, Kelley, Kelsey, Ketcham, Kitchen, Laflin, George V. Lawrence, William Lawrence, Lincoln, Loan, Logan, Loughridge, Lynch, Mallory, Marvin, McCarthy, McClurg, Mercur, Miller, Moore, Moorhead, Morrell, Mullins, Myers, Newcomb, Nunn, O'Neill, Orth, Paine, Perham, Peters, Pike, Pile, Plants, Poland, Polsley, Price, Raum, Robertson, Sawyer, Schenck, Scofield, Seelye, Shanks, Smith, Spalding, Starkweather, Aaron F. Stevens, Thaddeus Stevens, Stokes, Taffe, Taylor, Trowbridge, Twichell, Upson, Van Aernam, Burt Van Horn, Van Wyck, Ward, Cadwalader C. Washburn, Elihu B. Washburne, William B. Washburn, Welker, Thomas Williams, James F. Wilson, John T. Wilson, Stephen F. Wilson, Windom, Woodbridge, and the Speaker—126.

NOES.—Messrs. Adams, Archer, Axtell, Barnes, Barnum, Beck, Boyer, Brooks, Burr, Cary, Chanler, Eldridge, Fox, Getz, Glossbrenner, Golladay, Grover, Haight, Holman, Hotchkiss, Richard D. Hubbard, Humprhey, Johnson, Jones, Kerr, Knott, Marshall, McCormick, McCullough, Morgan, Morrissey, Mungen, Niblack, Nicholson, Phelps, Pruyn, Randall, Ross, Sitgreaves, Stewart, Stone, Taber, Lawrence S. Trimble, Van Aukern, Van Trump, Wood, and Woodward—47.

ABSENT OR NOT VOTING.—Messrs. Benjamin, Dixon, Donnelly, Ela, Finney, Garfield, Hawkins, Koontz, Maynard, Pomeroy, Robinson, Shellabarger, Thomas, John Trimble, Robert T. Van Horn, Henry D. Washburn, and William Williams.—17.]

[(4) The following senators filed opinions:—

Messrs. Ferry of Connecticut, Trumbull and Yates of Illinois, Hendricks of Indiana, Grimes and Harlan of Iowa, Pomeroy of Kansas, Davis of Kentucky, Fessenden and Morrill of Maine, Johnson and Vickers of Maryland, Sumner and Wilson of Massachusetts, Howard of Michigan, Henderson of Missouri, Tipton of Nebraska, Stewart of Nevada, Patterson of New Hampshire, Frelinghuysen and Cattell of New Jersey, Sherman of Ohio, Williams of Oregon, Buckalew of Pennsylvania, Edmunds and Morrill of Vermont, Van Winkle of West Virginia, Howe and DOOLITTLE of Wisconsin.]

[(5) The following is the vote of the Senate in detail. Republicans are given in Roman, Democrats in Italic, Administration Republicans in small capitals. Every senator was present and voted.

GUILTY.—Messrs. Anthony of Rhode Island, Cameron of Pennsylvania, Cattell of New Jersey, Chandler of Michigan, Cole of California, Conkling of New York, Conness of California, Corbett of Oregon, Cragin of New Hampshire, Drake of Missouri, Edmunds of Vermont, Ferry of Connecticut, Frelinghuysen of New Jersey, Harlan of Iowa, Howard of Michigan, Howe of Wisconsin, Morgan of New York, Morrill of Maine, Morrill of Vermont, Morton of Indiana, Nye of Nevada, Patterson of New Hampshire, Pomeroy of Kansas, Ramsey of Minnesota, Sherman of Ohio, Sprague of Rhode Island, Stewart of Nevada, Sumner of Massachusetts, Thayer of Nebraska, Tipton of Nebraska, Wade of Ohio, Willey of West Virginia, Williams of Oregon, Wilson of Massachusetts, and Yates of Illinois.—35.

NOT GUILTY.—Messrs. Bayard of Delaware, Buckalew of Pennsylvania, Davis of Kentucky, DIXON of Connecticut, DOOLITTLE of Wisconsin, Fessenden of Maine, Fowler of Tennessee, Grimes of Iowa, Henderson of Missouri, Hendricks of Indiana, Johnson of Maryland, McCreery of Kentucky, NORTON of Minnesota, PATTERSON of Tennessee, Ross of Kansas, Saulsbury of Delaware, Trumbull of Illinois, Van Winkle of West Virginia, and Vickers of Maryland.—19.]