Fifty Years of Public Service / Personal Recollections of Shelby M. Cullom, Senior United States Senator from Illinois

by Shelby M. Cullom

It seems to me difficult to realize that it was as far back as March 2, 1868, that I addressed the House in favor of the impeachment articles. I think I made a pretty good speech on that occasion and supported my position very well. I took rather an extreme view in favor of the predominance of the legislative department of the Government, contending that the executive and judiciary departments of the Government, while they are finally responsible to the people, are directly accountable to the legislative department.

The first and principal article in the impeachment proposed by the House was the President's issuance of an order removing Edwin M. Stanton as Secretary of War, he having been duly appointed and commissioned by and with the advice and consent of the Senate, and the Senate having been in session at the time of his removal.

I contended then, on the floor of the House, that such a removal was a violation of the Constitution and could not be excused on any pretext whatever, in addition to being a direct violation of the Tenure of Office act.

I do not intend to go into the details of the various articles proposed by the House; suffice it to say that they were mainly based on the attempted removal of Mr. Stanton, and the appointment of Mr. Thomas as Secretary of War.

I was very serious in concluding my speech. My words were:

"Mr. Chairman: The administration of Mr. Johnson since he became President of the United States has been characterized by an utter disregard of the laws and Constitution of the United States. And, sir, I am of the opinion that there should be another article adopted by this House, and sent to the Senate, upon which he should be tried, the substance of which should be that Andrew Johnson, President of the United States, is guilty of high crimes in office, in that he violated the Constitution and laws of the United States, by using his influence, patronage and power of said office to hinder, delay and prevent a restoration of the States lately in rebellion against the Government, to their proper practical relations to the Union. Congress provided by law for the reconstruction of the rebel States. The President, from whatever motives it matters not, stands in his Executive Office, and by all his influence and power opposes restoration according to law. As an Executive Officer, he has no such right, and his opposition to the laws of Congress on the subject of reconstruction has cost this Nation thousands of loyal men who have been murdered in the South on account of their devotion to the Flag, and millions of money which is to be added to the enormous public debt to be cast upon the necks of the people. Shall the Nation endure it longer? Shall we struggle on and on until the welcome day comes when his term shall expire? The people say 'No'; men struggling in business say 'No'; men longing for peace and harmony in the land say 'No'; the loyal men of the South, who have been abused and hunted by wicked rebels, say 'No'; and I trust that the answer of all these may be the answer of this House to-day, and the answer of the Senate of the United States within a reasonable time after these articles shall be sent to them."

Needless for me to say, that as the subject continued feeling remained at a high pitch in the House. It was debated from day to day. Stevens was urging the impeachment with all the force at his command; some were doubtful and holding back, as I was; some changed —for instance, James G. Blaine, who was taunted by Stevens and sneered at for his change of front.

Under the law then existing the President of the Senate succeeded a Vice-President who became, by the death or removal of the President, President of the United States. The radicals in complete control —and I have no doubt that Stevens had a hand in it—elected the most radical of their number as President of the Senate—Ben Wade, of Ohio. Johnson removed, Wade would have been President, and the extreme radicals would have been in supreme control of the legislative and executive departments of the Government.

This condition is what made Mr. Blaine hesitate. He told me on one occasion: "Johnson in the White House is bad enough, but we know what we have; Lord knows what we would get with old Ben Wade there. I do not know but I would rather trust Johnson than Wade." But in the end Blaine supported the impeachment articles, just as I did, and as Senator Allison and other somewhat conservative members did, all feeling at the same time not a little doubtful of our course.

Stevens, Logan, Boutwell, Williams, and Wilson were appointed managers on the part of the House, and solemnly and officially notified the Senate of the action of the House in impeaching the President of the United States. The Senate proceeded without long delay to resolve itself as a High Court of Impeachment, for the purpose of trying the President of the United States for high crimes and misdemeanors. The most eminent counsel of the Nation were engaged. Mr. Evarts was President Johnson's principal counsel. He was ably assisted by lawyers of scarcely less renown.