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the Secretary of the Navy, or the Secretary Constitution, or of any law existing at the of State; and, if I supposed that either of time when they were made, and were not these gentlemen was so wanting in man- therefore, impeachable offenses. hood, in honor, as to hold his place after the politest intimation from the President of the United States that his services were no longer needed, I certainly, as a Senator, would consent to his removal at any time, and so would we all."

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Mr. Curtis proceeded to argue that there was really no removal of Mr. Stanton; he still held his place, and so there was no case of removal within the statute, and, therefore, no case of violation by removal." But, if the Senate should hold that the order for removal was, in effect, a removal, then, unless the Tenure-of-Office Act gave Mr. Stanton a tenure of office, this removal would not have been contrary to the provisions of this act. He proceeded to argue that there was room for grave doubt whether Mr. Stanton's case came within the provisions of the Tenure-of-Office Act, and that the President, upon due consideration, and having taken the best advice within his power, considering that it did not, and acting accordingly, did not, even if he was mistaken, commit an act "so wilful and wrong that it can be justly and properly, and for the purposes of this prosecution, termed a high misdemeanor." He argued at length that the view of the President was the correct one, and that "the Senate had nothing whatever to do with the removal of Mr. Stanton, whether the Senate was in session or not."

Mr. Curtis then went on to urge that the President, being sworn to take care that the laws be faithfully executed, must carry out any law, even though passed over his vetc, except in cases where a law which he believed to be unconstitutional has cut off a power confided to him, and in regard to which he alone could make an issue which would bring the matter before a court, so as to cause "a judicial decision to come between the two branches of the Government, to see which of them is right." This, said he, is what the President has done. This argument, in effect, was an answer to the first eight articles of impeachment.

The ninth article, charging the President with endeavoring to induce General Emory to violate the law by receiving orders directly from him, was very briefly touched upon, it being maintained that, as shown by the evidence, "the reason why the President sent for General Emory was not that he might endeavor to seduce that distinguished officer from his allegiance to the laws and Constitution of his country, but because he wished to obtain information about military movements which might require his personal attention."

As to the tenth article, based upon the President's speeches, it was averred that they were in no way in violation of the

The reply to the eleventh article was very brief. The managers had " compounded it of the materials which they had previously worked up into others," and it "contained nothing new that needed notice." Mr. Curtis concluded his speech by saying that

"This trial is and will be the most conspicuous instance that has ever been, or even can be expected to be found, of American justice or of American injustice; of that justice which is the great policy of all civilized States; of that injustice which is certain to be condemned, which makes even the wisest man mad, and which, in the fixed and unalterable order of God's providence, is sure to return and plague the inventor."

At the close of this opening speech for the defense, General Lorenzo Thomas was brought forward as a witness. His testimony, elicited upon examination and crossexamination, was to the effect that, having received the order appointing him Secretary of War ad interim, he presented it to Mr. Stanton, who asked, Do you wish me to vacate the office at once, or will you give me time to get my private property together?" to which Thomas replied, "Act your pleasure." Afterward Stanton said, "I don't know whether I will obey your instructions." Subsequently Thomas said that he should issue orders as Secretary of War. Stanton said he should not do so, and afterward gave him a written direction, not to issue any order except as Adjutant-General. During the examination of General Thomas a question came up which, in many ways, recurred upon the trial. He was asked to tell what occurred at an interview between himself and the President. Objection was made by Mr. Butler, and the point was argued. The question was submitted to the Senate, which decided, by a vote of 42 to 10, that it was admissible. The testimony of General Thomas, from this point, took a wide range, and, being mainly given in response to questions of counsel, was, apparently, somewhat contradictory. The substance was that he was recognized by the President as Secretary of War; that, since the impeachment, he had acted as such only in attending Cabinet meetings, but had given no orders; that, when he reported to the President that Mr. Stanton would not vacate the War Department, the President directed him to "take possession of the office;" that, without orders from the President, he had intended to do this by force, if necessary; that, finding that this course might involve bloodshed, he had abandoned this purpose, but that, after this, he had, in several cases, affirmed his purpose to do so, but that these declara

tions were "merely boast and brag." On the following day General Thomas was recalled as a witness, to enable him to correct certain points in his testimony. The first was the date of an unimportant transaction; he had given it as taking place on the 21st of February, whereas it should have been the 22d. The second was that the words of the President were that he should take charge," not "take possession" of the War Department, In explanation of the fact that he had repeatedly sworn to the words "take possession," he said that these were "put into his mouth." Finally, General Thomas, in reply to a direct question from Mr. Butler, said that his testimony on these points was "all wrong."

views, was to the effect that the President said that the relations between himself and Mr. Stanton were such that he could not execute the office of President without making provision to appoint a Secretary of War ad interim, and he offered that office to him (General Sherman), but did not state that his purpose was to bring the matter directly into the courts. Sherman said that, if Mr. Stanton would retire, he might, although against his own wishes, undertake to administer the office ad interim, but asked what would be done in case Mr. Stanton would not yield. To this the President replied, "He will make no opposition; you present the order, and he will retire. I know him better than you do; he is cowardly." General Sherman asked time for reflection, and then gave a written answer, declining to accept the appointment, but stated that his reasons were mostly of a personal nature.

On the 14th the Senate adjourned, on account of the sudden illness of Mr. Stanbery. It re-assembled on the 15th, but the proceedings touched wholly upon formal points of procedure and the introduction of unimportant documentary evidence. On the 16th Mr. Sumner moved that all evidence not trivial or obviously irrelevant shall be admitted, the Senate to judge of its value. This was negatived by a vote of 23 to 11.

Lieutenant-General Sherman was then called as a witness. After some unimportant questions, he was asked in reference to an interview between himself and the President which took place on the 14th of January: "At that interview what conversation took place between the President and you in reference to Mr. Stanton?" To this question objection was made by Mr. Butler, and the point was elaborately argued. The Chief Justice decided that the question was admissible within the vote of the Senate of the previous day; the question then was as to the admissibility of evidence as to a conversation between the President and General Thomas; the present question was as to a The 17th was mainly taken up by testiconversation between the President and mony as to the reliability of the reports of General Sherman. "Both questions," said the President's speeches. Mr. Welles, Secthe Chief Justice, are asked for the pur- retary of the Navy, was then called to tespose of procuring the intent of the Presi-tify to certain proceedings in Cabinet dent to remove Mr. Stanton." The question being submitted to the Senate, it was decided, by a vote of 28 to 23, that it should not be admitted. The examination of General Sherman was continued, the question of the conversation aforesaid being frequently brought forward, and as often ruled out by the Senate. The only important fact elicited was that the President had twice, on the 25th and 30th of January, tendered to General Sherman the office of Secretary of War ad interim.

On Monday, April 13th, after transactions of minor importance, the general matter of the conversations between the President and General Sherman again came up, upon a question propounded by Senator Johnson-"When the President tendered to you the office of Secretary of War ad interim, did he, at the very time of making such tender, state to you what his purpose in so doing was?" This was admitted by the Senate, by a vote of 26 to 22. Senator Johnson then added to his question, "If he did, what did he state his purpose was?" This was admitted by a vote of 25 to 26. The testimony of General Sherman, relating to several inter

Council at the time of the appointment of General Thomas. This was objected to. The Chief Justice decided that it was admissible, and his decision was sustained by a vote of 26 to 23. The defense then endeavored to introduce several members of the Cabinet, to show that, at meetings previous to the removal of Mr. Stanton, it was considered whether it was not desirable to obtain a judicial determination of the unconstitutionality of the Tenure-ofOffice Act. This question was raised in several shapes, and its admission, after thorough argument on both sides, as often refused, in the last instance by a decisive vote of 30 to 19. The defense considered this testimony of the utmost importance, as going to show that the President had acted upon the counsel of his constitutional advisers, while the prosecution claimed that he could not plead in justification of a violation of the law that he had been advised by his Cabinet, or any one else, that the law was unconstitutional. His duty was to execute the laws, and, if he failed to do this, or violated them, he did so at his own risk of the consequences. With the refusal of this testimony, the

case, except the final summings up and the | Senators Bayard, Buckalew, Davis, Dixon, verdict of the Senate, was virtually closed. Doolittle, Fessenden, Fowler, Grimes, HenThe case had been so fully set forth in derson, Hendricks, Johnson, M'Creery, the opening speeches of Messrs. Butler and Norton, Patterson of Tennessee, Ross, SaulsCurtis, and in the arguments which came bury, Trumbull, Van Winkle and Vickers. up upon points of testimony, that there remained little for the other counsel except to restate what had before been said.

The Constitution requiring a vote of two-thirds to convict, the President was acquitted on this article. After taking this vote the Court adjourned until Tuesday, May 26th, when votes were taken upon the second and third articles, with precisely the same result as on the elev

After the evidence had been closed the case was summed up, on the part of the managers by Messrs. Boutwell, Williams, Stevens, and Bingham in oral arguments, and Mr. Logan, who filed a written argu-enth, the vote in each case standing 35 for ment, and on the part of the President by conviction and 19 for acquittal. A verdict Messrs. Nelson, Groesbeck, Stanbery, and of acquittal on the second, third, and elevEvarts. Many of these speeches were dis- enth articles was then ordered to be entinguished by great brilliancy and power, tered on the record, and, without voting but, as no new points were presented, we on the other articles, the Court adjourned omit any summary. sine die. So the trial was ended, and the President acquitted.

The Court decided to take a vote upon the articles on Tuesday, the 12th of May, at 12 o'clock, M. A secret session was held on Monday, during which several Senators made short speeches, giving the grounds upon which they expected to cast their votes. On Tuesday the Court agreed to postpone the vote until Saturday, the 16th. Upon that day, at 12 o'clock, a vote was taken upon the eleventh article, it having been determined to vote on that article first. The vote resulted in 35 votes for conviction, and 19 for acquittal.

The question being put to each Senator, "How say you, is the respondent, Andrew Johnson, President of the United States, guilty or not guilty of a high misdemeanor as charged in the article ?"-those who responded guilty were Senators Anthony, Cameron, Cattell, Chandler, Cole, Conkling, Conness, Corbett, Cragin, Drake, Edmunds, Ferry, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill, of Vermont, Morrill, of Maine, O. P. Morton, Nye, Patterson, N. H. Pomeroy, Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Wade, Willey, Williams, Wilson and Yates. Those who responded not guilty were

The political differences between President Johnson and the Republicans were not softened by the attempted impeachment, and singularly enough the failure of their effort did not weaken the Republicans as a party. They were so well united that those who disagreed with them passed at least temporarily from public life, some of the ablest, like Senators Trumbull and Fessenden retiring permanently. President Johnson pursued his policy, save where he was hedged by Congress, until the end, and retired to his native State, apparently having regained the love of his early political associates there.

Grant.

The Republican National Convention met at Chicago, Ill., May 20th, 1868, and nominated with unanimity, Ulysses S. Grant, of Illinois, for President, and Schuyler Colfax, of Indiana, for Vice President. The Democratic Convention met in New York City, July 4th, and after repeated ballots finally compromised on its presiding officers,* notwithstanding repeated and ap

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parently decided declarations on his part, Horatio Seymour, of New York, was therefore nominated for President, and Francis P. Blair, Jr., of Missouri, for Vice President.*

The 41st Congress met in extra session March 4th, 1869, with a large Republican majority in both branches. In the Senate there were 58 Republicans, 10 Democrats and 8 vacancies; in the House 149 RepubAn active canvass followed, in which the licans, 64 Democrats and 25 vacancies, brief expression-"let us have peace"-in Mississippi, Texas, Virginia and Georgia Grant's letter of acceptance, was liberally not being represented. James G. Blaine, employed by Republican journals and ora- for several years previous its leading parliators to tone down what were regarded as mentarian and orator, was Speaker of the rapidly growing race and sectional differ- House. All of Grant's nominations for erences, and with such effect that Grant Cabinet places were confirmed, except A. carried all of the States save eight, receiv- T. Stewart, of New York, nominated for ing an electoral vote of 214 against 80. Secretary of the Treasury, and being enGrant inaugurated, and the Congres-gaged in foreign commerce he was ineligi sional plan of reconstruction was rapidly ble under the law, and his name was withpushed, with at first very little opposition drawn. The names of the Cabinet will be save that manifested by the Democrats in Congress. The conditions of readmission were the ratification of the thirteenth and fourteenth constitutional amendments.

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On the 25th of February, 1869, the fifteenth amendment was added to the list by its adoption in Congress and submission to the States. It conferred the right of suffrage on all citizens, without distinction of race, color or previous condition of servitude." By the 30th of March, 1870, it was ratified by twenty-nine States, the required three-fourths of all in the Union. There was much local agitation in some of the Northern States on this new advance, and many who had never manifested their hostility to the negroes before did it now, and a portion of these passed over to the Democratic party. The issue, however, was shrewdly handled, and in most instances met Legislatures ready to receive it. Many of the Southern States were specially interested in its passage, since a denial of suffrage would abridge their representation in Congress. This was of course true of all the States, but its force was indisputable in sections containing large colored poputations.

found in the list of all Cabinet officers elsewhere given. Their announcement at first created the impression that the Grant administration was not intended to be partisan, rather personal, but if there ever was such a purpose, a little political experience on the part of the President quickly changed it. A political struggle soon followed in Congress as to the admission of Virginia, Mississippi and Texas, which had not ratified the Fourteenth Amendment or been reconstructed. A bill was passed April 10th, authorizing their people to vote on the constitutions already prepared by the State conventions, to elect members of Congress and State officers, and requiring before readmission to the Union, their Legislatures to ratify both the Fourteenth and Fifteenth Amendments. This work done, and the extra session adjourned.

In all of the Southern States, those who then prided themselves in being "unreconstructed" and "irreconcilable," bitterly opposed both the Fourteenth and Fifteenth Amendments, and on these issues excited new feelings of hostility to the "carpet baggers" and negroes of the South. With the close of the war thousands of North

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tion here, and they are of little use save as relics of the bitter days of reconstruction. They have little force now, although some of them still stand. They became a dead letter after the defeat of the "carpet-bag governments," but the President enforced them as a rule with moderation and wisdom. The enforcement of the Ku Klux Act

ern men had settled in the South. All of them were now denounced as political adventurers by the rebels who opposed the amendments, reconstruction and freedman's bureau acts. Many of these organized themselves first into Ku Klux Klans, secret societies, organized with a view to affright negroes from participancy in the elections, and to warn white men of opposing politi-led to the disbanding of that organization cal views to leave the country. The object of the organization broadened with the troubles which it produced. Efforts to affright were followed by midnight assaults, by horrible whippings, outrages and murders, hardly a fraction of which could be traced to the perpetrators. Doubtless many of the stories current at the time were exaggerated by partisan newspapers, but all of the official reports made then and since go to show the dangerous excesses which political and race hostilities may reach. In Georgia the whites, by these agencies, soon gained absolute political control, and this they used with more wisdom than in most Southern States, for under the advice of men like Stevens and Hill, they passed laws providing for free public schools, etc., but carefully guarded their newly acquired power by also passing tax laws which virtually disfranchised more than half the blacks. Later on, several Southern States imitated this form of political sagacity, and soon those in favor of "a white man's government," (the popular battle cry of the period) had undisputed control in Virginia, Alabama, Mississippi, Arkansas and Texas-States which the Republicans at one time had reason to believe they could control.

The Enforcement Acts.

To repress the Ku Klux outrages, Congress in May 31, 1870, passed an act giving to the President all needed powers to protect the freedmen in their newly acquired rights, and to punish the perpetrators of all outrages, whether upon whites or blacks. This was called in Congress the Enforcement Act, and an Amendatory Enforcement Act was inserted in the Sundry Civil Bill, June 10, 1872. The Ku Klux Act was passed April 20, 1871. All of these measures were strongly advocated by Senator Oliver P. Morton, who through this advocacy won new political distinction as the special champion of the rights of the blacks. Later on James G. Blaine, then the admitted leader of the House, opposed some of the supplements for its better enforcement, and to this fact is traceable the refusal on the part of the negroes of the South to give him that warm support as a Presidential candidate which his high abilities commanded in other sections.

The several Enforcement Acts and their supplements are too voluminous for inser

after the trial, arrest and conviction of many of the leaders. These trials brought out the facts, and awakened many Southern minds, theretofore incredulous, to the enormity of the secret political crimes which had been committed in all the Southern States, and for a time popular sentiment even in the South, and amongst former rebel soldiers, ran strongly against the Klan. With fresh political excitements, however, fresh means of intimidation were employed at elections. Rifle clubs were formed, notably in South Carolina and Mississippi, while in Louisiana the "White League sprang into existence, and was organized in all of the neighboring States. These were more difficult to deal with. They were open organizations, created under the semblance of State militia acts. They became very popular, especially among the younger men, and from this time until the close of the Presidential election in 1876, were potent factors in several Southern States, and we shall have occasion further on to describe their more important movements.

Readmission of Rebellious States.

Before the close of 1869 the Supreme Court, in the case of Texas vs. White, sustained the constitutionality of the Reconstruction acts of Congress. It held that the ordinances of secession had been "absolutely null;" that the seceding States had no right to secede and had never been out of the Union, but that, during and after their rebellion, they had no governments "competent to represent these States in their relations with the National government," and therefore Congress had the power to re-establish the relations of any rebellious State to the Union. This decision fortified the position of the Republicans, and did much to aid President Grant in the difficult work of reconstruction. It modified the assaults of the Democrats, and in some measure changed their purpose to make Reconstruction the pivot around which smaller political issues should revolve.

The regular session of the 41st Congress met Dec. 4th, 1869, and before its close Virginia, Georgia, Texas, and Mississippi had all complied with the conditions of reconstruction, and were re-admitted to the Union. This practically completed the work of reconstruction. To summarize :

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