Public Speaking: Principles and Practice

by Irvah Lester Winter

THE IMPEACHMENT OF ANDREW JOHNSON

From the Official Records of the Trial in the United States Senate, 1868

BY GEORGE S. BOUTWELL

Andrew Johnson has disregarded and violated the laws and Constitution of his own country. Under his administration the government has not been strengthened, but weakened. Its reputation and influence at home and abroad have been injured and diminished. Ten States of this Union are without law, without security, without safety; public order everywhere violated, public justice nowhere respected; and all in consequence of the evil purposes and machinations of the President. Forty millions of people have been rendered anxious and uncertain as to the preservation of public peace and the perpetuity of the institutions of freedom in this country. All classes are oppressed by the private and public calamities which he has brought upon them. They appeal to you for relief. The nation waits in anxiety for the conclusion of these proceedings. Forty millions of people, whose interest in public affairs is in the wise and just administration of the laws, look to this tribunal as a sure defense against the encroachments of a criminally minded Chief Magistrate.

Will any one say that the heaviest judgment which you can render is any adequate punishment for these crimes? Your office is not punishment, but to secure the safety of the republic. But human tribunals are inadequate to punish those criminals who, as rulers or magistrates, by their example, conduct, policy, and crimes, become the scourge of communities and nations. No picture, no power of the imagination, can illustrate or conceive the suffering of the poor but loyal people of the South. A patriotic, virtuous, law-abiding chief magistrate would have healed the wounds of war, soothed private and public sorrows, protected the weak, encouraged the strong, and lifted from the Southern people the burdens which now are greater than they can bear.

Travelers and astronomers inform us that in the southern heavens, near the southern cross, there is a vast space which the uneducated call the hole in the sky, where the eye of man, with the aid of the powers of the telescope, has been unable to discover nebulae, or asteroid, or comet, or planet, or star, or sun. In that dreary, cold, dark region of space, which is only known to be less than infinite by the evidences of creation elsewhere, the Great Author of celestial mechanism has left the chaos which was in the beginning. If this earth were capable of the sentiments and emotions of justice and virtue, which in human mortal beings are the evidences and the pledge of our Divine origin and immortal destiny, it would heave and throw, with the energy of the elemental forces of nature, and project this enemy of two races of men into that vast region, there forever to exist in a solitude eternal as life, or as the absence of life, emblematical of, if not really, that "outer darkness" of which the Savior of man spoke in warning to those who are the enemies of themselves, of their race, and of their God. But it is yours to relieve, not to punish. This done and our country is again advanced in the intelligent opinion of mankind. In other governments an unfaithful ruler can be removed only by revolution, violence, or force. The proceeding here is judicial, and according to the forms of law. Your judgment will be enforced without the aid of a policeman or a soldier. What other evidence will be needed of the value of republican institutions? What other test of the strength and vigor of our government? What other assurance that the virtue of the people is equal to any emergency of national life?

BY WILLIAM M. EVARTS

Mr. Chief Justice and Senators,—If indeed we have arrived at a settled conclusion that this is a court, that it is governed by the law, that it is to confine its attention to the facts applicable to the law, and regard the sole evidence of those facts to be embraced within the testimony of witnesses or documents produced in court, we have made great progress in separating, at least, from your further consideration much that has been impressed upon your attention heretofore. It follows from this that the President is to be tried upon the charges which are produced here, and not upon common fame.

I may as conveniently at this point of the argument as at any other pay some attention to the astronomical punishment which the learned and honorable manager, Mr. Boutwell, thinks should be applied to this novel case of impeachment of the President. Cicero I think it is who says that a lawyer should know everything, for sooner or later there is no fact in history, in science, or of human knowledge that will not come into play in his arguments. Painfully sensible of my ignorance, being devoted to a profession which "sharpens and does not enlarge the mind," I yet can admire without envy the superior knowledge evinced by the honorable manager. Indeed, upon my soul, I believe he is aware of an astronomical fact which many professors of that science are wholly ignorant of. But nevertheless, while some of his honorable colleagues were paying attention to an unoccupied and unappropriated island on the surface of the seas, Mr. Manager Boutwell, more ambitious, had discovered an untenanted and unappropriated region in the skies, reserved, he would have us think, in the final councils of the Almighty, as the place of punishment for convicted and deposed American Presidents.

At first I thought that his mind had become so "enlarged" that it was not "sharp" enough to discover the Constitution had limited the punishment; but on reflection I saw that he was as legal and logical as he was ambitious and astronomical, for the Constitution has said "removal from office," and has put no limit to the distance of the removal, so that it may be, without shedding a drop of his blood, or taking a penny of his property, or confining his limbs, instant removal from office and transportation to the skies. Truly, this is a great undertaking; and if the learned manager can only get over the obstacles of the laws of nature the Constitution will not stand in his way. He can contrive no method but that of a convulsion of the earth that shall project the deposed President to this infinitely distant space; but a shock of nature of so vast an energy and for so great a result on him might unsettle even the footing of the firm members of Congress. We certainly need not resort to so perilous a method as that. How shall we accomplish it? Why, in the first place, nobody knows where that space is but the learned manager himself, and he is the necessary deputy to execute the judgment of the court.

Let it then be provided that in case of your sentence of deposition and removal from office the honorable and astronomical manager shall take into his own hands the execution of the sentence. With the President made fast to his broad and strong shoulders, and, having already essayed the flight by imagination, better prepared than anybody else to execute it in form, taking the advantage of ladders as far as ladders will go to the top of this great Capitol, and spurning then with his foot the crest of Liberty, let him set out upon his flight, while the two houses of Congress and all the people of the United States shall shout, "Sic itur ad astra."

II

But here a distressing doubt strikes me; how will the manager get back? He will have got far beyond the reach of gravitation to restore him, and so ambitious a wing as his could never stoop to a downward flight. Indeed, as he passes through the constellations, that famous question of Carlyle by which he derides the littleness of human affairs upon the scale of the measure of the heavens, "What thinks Botes as he drives his dogs up the zenith in their race of sidereal fire?" will force itself on his notice. What, indeed, would Botes think of this new constellation?

Besides, reaching this space, beyond the power of Congress even "to send for persons and papers," how shall he return, and how decide in the contest, there become personal and perpetual, the struggle of strength between him and the President? In this new revolution, thus established forever, who shall decide which is the sun and which is the moon? Who determine the only scientific test which reflects the hardest upon the other?

Mr. Chief Justice and Senators, we have come all at once to the great experiences and trials of a full-grown nation, all of which we thought we should escape—the distractions of civil strife, the exhaustions of powerful war. We could summon from the people a million of men and inexhaustible treasure to help the Constitution in its time of need. Can we summon now resources enough of civil prudence and of restraint of passion to carry us through this trial, so that whatever result may follow, in whatever form, the people may feel that the Constitution has received no wound! To this court, the last and best resort for this determination, it is to be left. And oh, if you could only carry yourselves back to the spirit and the purpose and the wisdom and the courage of the framers of the government, how safe would it be in your hands? How safe is it now in your hands, for you who have entered into their labors will see to it that the structure of your work comports in durability and excellence with theirs. Indeed, so familiar has the course of the argument made us with the names of the men of the convention and of the first Congress that I could sometimes seem to think that the presence even of the Chief Justice was replaced by the serene majesty of Washington, and that from Massachusetts we had Adams and Ames, from Connecticut, Sherman and Ellsworth, from New Jersey, Paterson and Boudinot, and from New York, Hamilton and Benson, and that they were to determine this case for us. Act, then, as if under this serene and majestic presence your deliberations were to be conducted to their close, and the Constitution was to come out from the watchful solicitude of these great guardians of it as if from their own judgment in this court of impeachment.