“The House of Representatives ... do say that the said Andrew Johnson, President of the United States, is guilty of the high crimes and misdemeanors mentioned in the said articles, and that the said House of Representatives are ready to prove the same.”
The trial began, as appointed, on March 30. There being twenty-seven States represented, there were fifty-four Senators, who constituted the Court, presided over by Chief Justice Salmon P. Chase, of Ohio. Senators: California, Cole, Conness; Connecticut, Dixon, Ferry; Delaware, Bayard, Saulsbury; Indiana, Hendricks, Morton; Illinois, Trumbull, Yates; Iowa, Grimes, Harlan; Kansas, Pomeroy, Ross; Kentucky, Davis, McCreery; Maine, Fessenden, Morrill (Lot M.); Maryland, Johnson, Vickers; Massachusetts, Sumner, Wilson; Michigan, Chandler, Howard; Minnesota, Norton, Ramsay; Missouri, Drake, Henderson; Nebraska, Thayer, Tipton; Nevada, Nye, Stewart; New Hampshire, Cragin, Patterson (J. W.); New Jersey, Cattell, Frelinghuysen; New York, Conklin, Morgan; Ohio, Sherman, Wade; Oregon, Corbett, Williams; Pennsylvania, Buckalew, Cameron; Rhode Island, Anthony, Sprague; Tennessee, Fowler, Patterson (David); Vermont, Edmunds, Merrill, (J. S.); West Virginia, Van Winkle, Willey; Wisconsin, Doolittle, Howe.
Managers for the Prosecution: Messrs. Bingham, Boutwell, Butler, Logan, Stevens, Williams, Wilson.
Counsel for the President. Messrs. Curtis, Evarts, Groesbeck, Nelson, Stanbery.
The following was the order of procedure: The Senate convened at 11 or 12 o’clock, and was called to order by the president of that body, who, after prayer, would leave the chair, which was immediately assumed by the Chief Justice, who wore his official robes. The prosecution was mainly conducted by Mr. Butler, who examined the witnesses, and, in conjunction with the others, argued the points of law which came up. The defense, during the early part of the trial, was mainly conducted by Mr. Stanbery, who had resigned the office of Attorney-General for this purpose, but, being taken suddenly ill, Mr. Evarts took his place. According to the rule at first adopted, the trial was to be opened by one counsel on each side, and summed up by two on each side; but this rule was subsequently modified so as to allow as many of the managers and counsel as chose to sum up, either orally or by filing written arguments.
THE PROSECUTION.
The whole of the first day (March 30) was occupied by the opening speech of Mr. Butler. After touching upon the importance of the case, and the wisdom of the framers of the Constitution in providing for its possible occurrence, he laid down the following proposition, supporting it by a copious array of authorities and precedents:
“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, of an official oath, or of duty, by an act committed or omitted, or, without violating a positive law, by the abuse of discretionary powers from improper motives, or for any improper purpose.”
He then proceeded to discuss the nature and functions of the tribunal before which the trial is held. He asked: “Is this proceeding a trial, as that term is understood, so far as relates to the rights and duties of a court and jury upon an indictment for crime? Is it not rather more in the nature of an inquest?” The Constitution, he urged, “seems to have determined it to be the latter, because, under its provisions, the right to retain and hold office is the only subject to be finally adjudicated; all preliminary inquiry being carried on solely to determine that question, and that alone.” He then proceeded to argue that this body now sitting to determine the accusation, is the Senate of the United States, and not a court. This question is of consequence, he argued, because, in the latter case, it would be bound by the rules and precedents of common law-statutes; the members of the court would be liable to challenge on many grounds; and the accused might claim that he could only be convicted when the evidence makes the fact clear beyond reasonable doubt, instead of by a preponderance of the evidence. The fact that in this case the Chief Justice presides, it was argued, does not constitute the Senate thus acting a court, for in all cases of impeachment, save that of the President, its regular presiding officer presides. Moreover, the procedures have no analogy to those of an ordinary court of justice. The accused merely receives a notice of the case pending against him. He is not required to appear personally, and the case will go on without his presence. Mr. Butler thus summed up his position in this regard:
“A constitutional tribunal solely, you are bound by no law, either statute or common, which may limit your constitutional prerogative. You consult no precedents save those of the law and custom of parliamentary bodies. You are a law unto yourselves, bound only by the natural principles of equity and justice, and that salus populi suprema est lex.”