This incident being told to a member of Congress of Hibernian antecedents, he immediately replied: "Yes, he might have told the Britisher that when Washington was a boy he sure enough threw a dollar across the Potomac, and when he got to be a grown-up man, he threw a sovereign across the Atlantic."
Mr. Evarts was counsel for President Johnson in his famous arraignment before the Senate, sitting as a High Court of Impeachment. His speech, lasting many hours, was an able and exhaustive discussion of the salient questions involved in the trial. The leading managers upon the part of the House of Representatives were Benjamin F. Butler, George S. Boutwell, and John A. Bingham. The retort courteous was freely indulged in many times by the managers and counsel from the beginning to the close of the long-drawn-out prosecution.
It is a singular fact, and to this generation renders the entire proceeding measurably farcical, that the managers upon the part of the House, and the counsel for the impeached President, were at cross-purposes from the beginning as to the real character of the tribunal before which they were appearing. The latter regarded it as a court, and constantly addressed its presiding officer, the Chief Justice of the United States, as "Your Honor"; while the former insisted that it was only the Senate, and continually addressed the Chief Justice as "Mr. President."
The issues involved were likewise argued by the opposing counsel from wholly different standpoints. The contention of the defence as stated by counsel was:
"We are then in a court. What are you to try? You are to try the charges contained in these articles of impeachment, and nothing else. Upon what are you to try them? Not upon common fame; not upon the price of gold in New York, or upon any question of finance; not upon newspaper rumor; not upon any views of party policy; you are to try them upon the evidence offered here and nothing else, by the obligation of your oaths."
The contrary contention as stated by one of the managers was as follows:
"We define, therefore, an impeachable high crime or misdemeanor, to be one in its nature or consequences subversive of some fundamental or essential principle of government, or highly prejudicial to the public interest; and this may consist of a violation of the Constitution, of law, or of duty by an act committed or omitted, or without violating positive law, by the abuse of discretionary powers from improper motives, or for any improper purpose."
With gulf as broad between managers and counsel as that separating Dives and Lazarus, not only as to the issues to be tried, but as to the nature of the functions and designation of the tribunal before which they were appearing, and with the decision of the Chief Justice upon questions of law arising continually over-ruled by the majority of the Senators, it may reasonably be supposed that there was much in the way of "travelling out of the record" in the heated discussion which followed.
The associates of Mr. Evarts—Stanberry, Curtis, Groesbeck, and Nelson—were the most solemn of men, and whatever there was "bright with the radiance of utterance" to lessen the tension of the protracted struggle, came from his own lips.
Near the close of his speech, Manager Boutwell, in attempting to indicate the punishment merited by the accused, said: