Twenty Years of Congress, Volume 2 / From Lincoln to Garfield, with a Review of the Events Which Led to the Political Revolution of 1860

by James Gillespie Blaine

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 Saturday, 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 assurance 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 illustrious 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 Constitution, 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 unconstitutional 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 anticipated 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 Massachusetts 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 Massachusetts 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 associated with him, was nine years the junior of Mr. Curtis. He had followed his profession with equal devotion, and, like his illustrious colleague, had never been deflected from its pursuit by participation 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 constituted 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 associated 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 Constitution 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 anticipate 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 entitled to four years up to the anniversary of the murder, because each Presidential term is four years by the Constitution, 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."