Page images

say that

and urged again by his friends, under whose | entitled to a judgment or verdict of not guilty control he had placed himself, to go there and upon this. But we say that none of the acts answer their call; and is it not natural in a charged amount to a high crime or misdefree Government like ours that the President meanor; that he had the right to deny the of the United States should associate with the authority of Congress as he had previously people; and when they make a call on him to done in his messages. I have them here, but address them is there anything improper and I shall not turn to them. unreasonable in his doing it? And if when he Time and again the President, in his veto addresses them a prepared mob intends to in- messages especially, has asserted, in his comsult him; if they excite his passions, as the munications to Congress, his views and opinpassions of any man would be excited under | ions as to the rights of the southern States the circumstances, and he answers them a little that are excluded from representation; and intemperately and somewhat in their own way, although the phraseology is a little more courtly speaks about the Congress of the United States and elegant in the messages than it was in the pretty freely, pray tell us what sort of treason several speeches which have been referred to, is committed ? Does the Congress of the United || yet, so far as the substance is concerned, the States hold itself up so far above the Presi- || President, in almost every one of those comdent and the people of the United States as to munications, has asserted his belief that the

your acts are not subject to criticism southern States are entitled to representation, either by the President or by anybody else that and that they ought not to be excluded by Conchooses to criticise them? I tell you, Senators, ll gress. we have not got that far yet. The President, We say that none of the acts charged amount any citizen of the United States of America, to a high crime or misdemeanor; that he had from the President down to the humblest citi- the right to deny the authority of Congress as zen, has the right to criticise any act af Con- he had previously done in his messages; that gress that he chooses to criticise, and he has he had the right, as President, to instruct Genthe right to speak of any act of Congress in eral Grant, who is his subordinate, bound to any mode that he sees proper to speak; and obey his commands, to disobey a law which he if the people will tolerate it there is no law believed to be unconstitutional, or test its vaand nothing in the Constitution to prevent it; || lidity in the courts of law; that he had the right and if this power of free speech, as I said be- to remove Stanton and to order Thomas to fore, is improperly exercised, then the correct- take possession of the War Office; that he had ive must be in the people themselves. So I the right to differ in opinion with Congress, say that one of the greatest rights secured to and to answer the telegraphic dispatch of Govthe people under the Constitution of this coun- ernor Parsons as he did. try would be invaded if this article was sus- I ask, have not members of Congress during tained.

all Administrations, commencing with the AdThe eleventh article charges that on the 18th ministration of General Washington, been acof August, 1866, the defendant asserted that the customed to assail the measures of every PresThirty-Ninth Congress was not a lawful Con- || ident, both in Congress and out of it? And gress, denied that it had the right to recom- may not the President vindicate and endeavor mend constitutional amendments, and in pur- to sustain his own views before the people in suance thereof removed Stanton on the 21st opposition to Congress? And can he not with of February, 1868, to prevent the execution of propriety say to members of Congress when the tenure-of-civil-office act, and to prevent they oppose his views, “You are assailing the the execution of the Army appropriation bill, executive department,” with just as much proand prevent the execution of the act for the priety as they can say that he is assailing the more efficient government of the rebel States. legislative department? The obligation to supThe honorable Manager, Mr. BUTLER, referred || port the Constitution is equally obligatory on to the President's admission that he attempted | both, and both have the right under this and to prevail on General Grant to disobey the all other circumstances to appeal to their comlaw, to his admission that he intended from mon sovereigns, the people, with a view of the first to oust Mr. Stanton, his order to Grant | procuring a final and authoritative settlement not to recognize Stanton, his order to Thomas of the controversy. to take possession, &c. In answer to all this Senators, I had intended to notice, and I will I have to say that the honorable Manager ad- now, with your indulgence, very briefly notice, mits that if the Senate shall have decided that one or two of the observations of the honorall the acts charged in the preceding articles able Manager who last addressed you. He said are justified by law, then so large a part of the that the President's object was to obtain conintent and purpose with which the respondent | trol of the Army and Navy, and regulate the is charged in this article would fail of proof elections of 1868 in the ten southern States, so that it would be difficult to say whether he as to let the rebels exercise the elective fran: might not with equal impunity violate the laws | chise and exclude negroes from voting. What known as the reconstruction acts; and as we authority in the proof in this case had the honhave shown that the President is entitled to an orable genileman upon which to make that acquittal on the other charges, he must be l assertion? He said that the South had been given up to rapine, bloodshed, and murder by 1 States, is familiar with the fact that a great many the President's policy. Why, Senators, under cases are put in the law books, and especially whose control is the South? Is not the South in works on evidence, rather as a caution to under the control of Congress? Is it not under judges and jurors than anything else, as to im. the control of Army officers appointed by the proper and unjust verdicts that have been renPresident of the United States in pursuance of Hered in times past. Every lawyer knows that an act of Congress which he had attempted to cases are reported in the books where men, veto? And who was responsible for this? I especially upon circumstantial evidence, have live in the South ; and the statement which I | been tried and executed for murder and other am about to make will go just for what you offenses, and who it afterward appeared upon a think it is worth, much or little; but my ob- more careful investigation, were not guilty of servation ever since the close of the war is, || the offenses imputed to them. These cases are that although there has been a bad state of not put in the books for the purpose of frightthings in some portions of the southern States, | ening judges and juries from their propriety, nine tenths of the murders and assassinations but they are put in for the purpose of causing that have been reported in the newspapers and || them to exercise a salutary degree of caution in talked about here in Congress are made to the powers which are conferred upon them. So order, got up for political effect, with a view without going over these things in detail, I may of keeping up agitation and excitement, and say that I think even the Senate of the United that there is no warrant or foundation for the States may look back upon the history of the charge that the President has given up the world for the purpose of deriving the same inSouth to any such condition of affairs.

structive lessons that are intended in law books It has been said, Senators, that the Presi- to be impressed upon the courts and juries of dent takes the place of Charles I and Stanton the land. Without undertaking to travel along the place of John Hampden, I am glad that the whole course of history, some three or four the Manager did some justice to Mr. Stanton examples have occurred that are not unworthy before he got through. He placed him in the of a passing notice before I take my seat. condition of a “serf," as I showed you awhile Without going into the details, every Senator ago, and I am glad that he wound up with Mr. is fully informed of the account which has Stanton by showing or asserting that he was been transmitted to us in history of the mur. entitled to the reputation of John Hampden ; || der of Cæsar by Brutus;

der of Cæsar by Brutus; and for nearly twenty but as to the President being Charles I, or as centuries it has been a question whether that to his assuming any powers that are not war- act was an act of patriotism, and whether it ranted by the Constitution of the country, I was justified or not. The execution of Charles have endeavored in my feeble and imperfect I is another of the historical problems which way to show you that he is not guilty.

have probably not been settled, and never will Senators, many other things might be said; be satisfactorily settled in the opinions of man. but I have already occupied your time much | kind. Some regard Cromwell as a patriot, as longer than I had designed to do, or would a man animated by the purest and most corhave done if I had had a little more notice rect motives; others look upon him as being beforehand that I should be permitted to ad- an ambitious man, who designed to engross dress you at all. I stated to you when I asked power improperly into his own hand. That for the privilege of addressing you that I had question still remains open. But these deeds no written speech, nothing but notes and mem- of violence which have been done in the world oranda which I had not an opportunity even have not always been followed by peace or to regulate or to put into something like order || quiet to those who have done them. A few to address you. Therefore, what I have said short years after the execution of Charles I, has been said under some disadvantages. I the bodies of Cromwell and Bradshaw, and only regret that it has not been more worthily one or two others who were concerned in that said. Now, before I take my seat let me say | execution, were, in consequence of a change to you. you have this whole case before you. of public sentiment in England, taken from I say to you now toward its conclusion, as I || their graves and they were hung in terror and said at its commencements that a high and sol- in hate and execration by the party that came emn duty rests upon you, Senators of the || into power. United States. I have the same faith now that Louis XVI was executed by the people of I have expressed ever since I undertook this | France. Did that act give peace and quiet to case and that I expressed so fully yesterday. || the French kingdom? No; it was soon folI do believe that confidence ought to be reposed lowed by deeds of bloodshed such as the world in the American Senate. I do believe that men never saw before. The guillotine was put in of your character and of your position in the || motion, and the streets of Paris, it is said, litworld have the ability to decide a case impar- || erally ran with human gore. Most of those tially and to set aside all party considerations who were concerned in the trial of Charles I in its determination. I believe it, and I trust were executed. Three of them came to Amerthat the result will show that the country has a ica and sought refuge in the vicinity of New right to believe it.

Haven. They were compelled to hide themery lawyer, every judge in the United Il selves in caves.

selves in caves. Their graves were not known C. 1.-41.

to those in whose midst they lived, or are but a moment, the bright escutcheon of the Amerilittle known.

can Senate. The honorable Manager who These deeds of violence, done in times of addressed you on yesterday [Mr. BOUTWELL] high party and political excitement, are deeds referred in eloquent terms to Carpenter's histhat should admonish you as to the manner in torical painting of emancipation. Following which you discharge the duty that devolves at an humble distance his example, may I be upon you here. This thing of being rid of the permitted to say that I have never entered the Chief Magistrate of the land in the mode that Rolunda of this magnificent and gorgeous Cap. is attempted here may be fraught with conse- itol when I have not felt as if I were treading quences that no man can foresee. I have no upon holy ground; and I have sometimes wished idea that it will be fraught with such conse- that every American sire could be compelled quences as those I have described; and yet by law and at the public expense to bring his deeds that are done in excitement often come children here, at least once in their early years, back in future years, and cause a degree of and to cause them to gaze upon and to study feeling which it is not, perhaps, proper for the statuary and paintings which, at every en. me, on this occasion, to describe; it has been trance and in every hall and chamber and done a great deal better by a master hand, | niche and stairway, are redolent with the hiswho tells us:

tory of our beloved country. Columbus study. “But ever and anon of grief subdued,

ing the unsolved problem of a new world, and There comes a token like a scorpion's sting, the white man and Indian as types of the march Scarce seen, but with fresh bitterness imbued,

of civilization, aroyse attention and reflection And slight withal may be the things which bring Back on the heart the weight which it would fling

at the threshold. Within, the speaking canAside forever: it may be a sound

vas proclaims the embarkation of the Pilgrim A tone of music--summer's eve-or springA flower, the wind, the ocean which shall wound,

Fathers; their sublime appeal to the God of Striking the electric chain wherewith we are darkly

oceans and of storms; their stern determinabound;

tion to seek a “faith's pure shrine" among And how and why we know not, nor can trace Home to its cloud this lightning of the mind,

the “sounding aisles of the dim woods," and But feel the shock renewed-nor can efface

"freedom to worship God;' and the divine, The blight and blackening which it leaves behind." the angelic countenance of Rose Standish as

God grant that the American Senate shall || she leans, with woman's love, upon the shoulnever have such feelings as these. God grant || der of her husband, and looks up, with wothat you may so act in the discharge of your man's faith, for more than mortal aid and duty here that there shall be no painful re- guardianship, so fixes and rivets attention, membrance, Senators, to come back on you in your dying hour. God grant that you may

"That, as you gaze upon the vermil cheek,

The lifeless figure almost seems to speak." so act that you cannot only look death, but eternity in the face, and feel that you have

And there is the grand painting that repredischarged your duty and your whole duty to sents Washington, the victor, surrendering God and your country. And if you thus act, his sword after having long before refused a you will, I am sure, act in such manner as to a crown-one of the sublimest scenes that command the approbation of angels and of earth has ever seen, presenting, as it nobly men, and the admiration and applause of the || does, to all the world the greatest and best world and of posterity who are to come after us. example of pure and unselfish love of coun

Mr. Chief Justice and Senators, you and try. Not to speak of other teeming memories each of you, personally and individually, have which everywhere meet the eye and stir the struggled through life until you have reached || soul, as I sat a few days since gazing upward the positions of eminence you now occupy. It upon the group (Washington and the sisterhood has required time and study and labor and of early Štates) who look down from the top. diligence to do so; but, after all, the fame most height of the Dome, methought I saw which you have acquired is not your own. It the spirits of departed patriots rallying in misty belongs to me; it belongs to others. Forty | throngs from their blissful abode and clustermillion American citizens are tenants in com- ing near the wondrous scene that is transpiring mon of this priceless property. It is not owned now; and as I sat, with face upturned, I seemed alone by you and your children. We all have to see the shadowy forms descendinto the builda direct and immediate interest in it. What- || ing and arrange themselves with silent but ever strife may have existed among us as a stately preparation in and around this gorgeous people; whatever of crimination and recrim- || apartment. I have seen them, in imagination, ination may have been engendered amid the ever since I see them now! Above and all fierceness of party passion, yet in the cool mo

There in the galleries, amid those ments of calm reflection every true patriot | living forms of loveliness and beauty, are Martha loves his country as our common mother, and Washington and Dolly Madison and hundreds points with just pride to the hard-earned repu- of the maids and matrons of the Revolution, tation of all her children. Let me invoke you, || looking down with intense interest and anxious therefore, in the name of all the American expectation, and watching with profoundest people, to do nothing that may even seem to be solicitude the progress of the grandest trial of a stain upon the judicial ermine, or to dim, for II the nineteenth century. And there, in your very midst and at your sides, are sitting the to me the patient attention which I had little shades of Sherman and Hamilton, Washing- reason to expect, and I cannot, Senators, take ton and Madison, Jefferson and Jackson, Clay | my seat without returning my thanks to you, and Webster, who in years that are past bent whether it be according to the usage of a court every energy and employed every effort to like this or not. build our own great temple of liberty, which On motion of Mr. TIPTON, the Senate, sitting has been and will continue in all time to be the || for the trial of the impeachment, adjourned. wonder, the admiration, and the astonishment of the world. If there be joy in heaven over one sinner that repenteth, and if the shades of

around us.


SATURDAY, April 25, 1868. Dives and Lazarus could commune across the The Chief Justice of the United States took great gulf with each other, it is no wonder that the chair. the spirits of departed patriots are gathered to The usual proclamation having been made witness this mighty inquest, and that they are by the Sergeant-at-Arms, now sitting with you upon this, the most sol- The Managers of the impeachment on the emn of all earthly investigations. Behind the part of the House of Representatives and the Chief Justice I see the grave and solemn face counsel for the respondent, except Mr. Stan: of the intrepid Marshall; and above, among, bery, appeared and took the seats assigned and all around us are the impalpable forms to them respectively. of all the artists of our former grandeur! Mr. The members of the House of RepresentaChief Justice and Senators, if you cannot || tives, as in Committee of the Whole, preceded clasp their shadows to your souls, let me en- by Mr. E. B. WASHBURNE, chairman of that treat you to feel the inspiration of their sacred || committee, and accompanied by the Speaker presence; and as you love the memory of de- and Clerk, appeared and were conducted to the parted greatness; as you revere the names of seats provided for them. the patriot fathers; and as you remember the The CHIEF JUSTICE. The Secretary will thrilling tones of the patriot voices that were read the Journal of yesterday's proceedings. wont to speak “the thoughts that breathed and The Journal of yesterday's proceedings of the words that burned" with deathless love for the Senate, sitting for the trial of the impeachour institutions and our laws, so may you be ment, was read. enabled to banish from your hearts every vestige

The CHIEF JUSTICE. The first business of prejudice and of feeling, and to determine this morning is the order proposed by the Sen. this great issue in the lofty spirit of impartial | ator from Vermont, [Mr. EDMUNDS.] The justice, and with that patriotic regard for our

Clerk will read the order. present and future glory that ever prompted the Mr. EDMUNDS. Mr. President, at the reaction of the purest and best and greatest names quest of several Senators who desire to conthat, in adorning our own history, have illumin- sider the question, I move that the considerated the history of the world. And when the ation of the order be postponed until Monday day shall come-and may it be far distant- morning. when each of you shall "shuffle off this mortal Mr. DRAKE. Mr. President, I move that coil,”' may no thorn be planted in the pillow of the order be indefinitely postponed. death to embitter your recollection of the scene

Mr. SUMNER. That is better. that is being enacted now; and when the time Mr. DRAKE. And on that motion I call shall come, as come it may, in some future age, for the yeas and nays. when your own spirits shall flit among the hoary Mr. EDMUNDS. So do I, Mr. President. columns and chambers of this edifice, may each The CHIEF JUSTICE. The motion for inof you be then enabled to exclaim

definite postponement takes precedence of the "Here I faithfully discharged the highest duty of

motion to postpone to a day certain ; and upon earth; here I nobly discarded all passion, prejudice, that question the yeas and nays are demanded. and feeling; here I did my duty and my whole duty, The yeas and nays were ordered. regardless of consequences; and here I find my own

Mr. CONKLING. I wish to inquire what name inscribed in letters of gold, flashing and shining, upon the immortal roll where the names of all was the motion of the Senator from Vermont? just men and true patriots are recorded !"

The CHIEF JUSTICE. The Senator from I do not know, Mr. Chief Justice, that it is | Vermont moved to postpone until Monday; exactly in accordance with the etiquette of a

the Senator from Missouri moves to postpone court of justice for me to do what I propose | indefinitely; and the question now is upon to do now; but I trust that you and the Senate the indefinite postponement. will take the will for the deed, and if there is

Mr. SHERMAN. I should like to have the anything improper in it you will overlook it. I order read. cannot close, sir, the remarks which I have to The CHIEF JUSTICE. The Clerk will make in this case, without returning my pro

read the order. found thanks to the Chief Justice and the Sen- The Chief Clerk read as follows: ators for the very kind and patient attention Ordered, That after the arguments shall be conwith which they have listened to me on this

cluded, and when the doors shall be closed for de

liberation upon the final question, the official reportoccasion. Imperfect as the argument has been, ers of the Senate shall take down the debates upon and lengthy as it has been, you have extended the final question, to be reported in the proceedings.

[ocr errors]

The question being taken by yeas and nays that I am not so well to-day as I should like to on Mr. DRAKE's motion, resulted-yeas 20, | be; but I know the desire of the Senate to get nays 27; as follows:

on with this argument, and I have, therefore, YEAS-Messrs.Cameron, Chandler, Conkling, Cor- || preferred to come here this morning in the bett, Drake, Ferry, Harlan, Howard, Morrill of Maine, condition I am and attempt to present an outMorrill of Vermont, Morton, Nye, Pomeroy, Ramsey, Ross, Stewart, Sumner, Thayer, Tipton, and line, at least, of the views I have formed of Yates--20.

the respondent's case. NAYS-Messrs. Anthony, Buckalew, Cragin, Davis, Since the organization of our Government Dixon, Doolittle, Edmunds, Fessenden, Fowler, Frelinghuysen, Grimes, Henderson, Hendricks, Howe,

we have had five trials of impeachment--one Johnson, McCreery, Morgan, Norton, Patterson of of a Senator, and four of judges, who held their Tennessee, Saulsbury, Sherman, Trumbull, Van office by appointment and for a tenure that Winkle, Vickers, Willey, Williams, and Wilson-27. NOT VOTING-Messrs. Bayard, Cattell, Cole, Con

lasted during life or good behavior. It has . ness, Patterson of New Hampshire, Sprague, and not been the practice, nor is it the

wise policy, Wade-7.

of a republican or representative Government So the order was not indefinitely postponed to avail itself of the remedy of impeachment The CHIEF JUSTICE. The question re

for the control and regulation of its elective curs on the motion of the Senator from Ver- officers. Impeachment was not invented for mont to postpone the order until Monday. that purpose, but rather to lay hold of offices The motion was agreed to.

that were held by inheritance and for life. Mr. SUMNER. Mr. President, I send to

And the true policy of a republican Governthe Chair an order which I desire to have read.

ment, according to my apprehension, is to The CHIEF JUSTICE. The Secretary will

leave these matters to the people. They are read the order.

the great and supreme tribunal to try such ques. The Chief Clerk read as follows:

tions, and they assemble statedly with the

single object to decide whether an officer shall Ordered, That the Senate, sitting for the trial of Andrew Johnson, President of the United States,

be continued or whether he shall be removed will proceed to vote on the several articles of im

from office. peachment at twelve o'clock on the day after the I may be allowed, Senators, to express my, close of the arguments.

regret that such a case as this is before

u; Mr. SUMNER. If the Senate is ready to but it is here, and it must be tried, and thereact on it

fore I proceed, as I promised at the outset, to The CHIEF JUSTICE. The order is for

say what I may feel able to say in behalf of present consideration, unless objected to. the respondent. Mr. JOHNSON. I object.

In the argument of one of the Managers the The CHIEF JUSTICE. Being objected to question was propounded: it lies over. Mr. SUMNER. Mr. President, I send to

"Is this body, now sitting to determine the accu

sation of the House of Representatives against the the Chair two additional rules, the first of President of the United States, the Senate of the which is derived from the practice of the Sen- United States or a court ?" ate on the trials of Judge Chase and Judge The argument goes on to admit: Peck.

"If this body here is a court in any manner as conThe CHIEF JUSTICE. The Secretary will tradistinguished from the Senate, then we agree read both of the additional rules proposed.

that the accused may claim the The Chief Clerk read as follows:

benefit of the rule in criminal cases, that he may

only be convicted when the evidence makes the case RULE 23. In taking the votes of the Senate on the clear beyond reasonable doubt." articles of impeachment the presiding officer shall call each Senator by his name, and upon each article

In view of this statement, and in view of propose the following question, in the manner fol- the effort that has been made by the Managers lowing: “Mr. –

how say you, is the respondent, || in this cause, I ask, Senators, your attention guilty or not guilty as charged in the article of impeachment?" whoreupon each Senator shall to the question, in what character do you sit rise in his place and answer "guilty" or "not guilty." on this trial? We have heard labored and

RULE 24. On a conviction by the Senate it shall be the duty of the presiding officer forth with to pro

protracted discussion to show that you did not nounce the removal from office of the convicted per- sit as a court; and the Managers have even son according to the requirement of the Constitu- taken offense at any such recognition of your tion. Any further judgment shall be on the order character. For some reason I will not allude of the Senate. The CHIEF JUSTICE. Is the Senate ready | this body the most extraordinary jurisdiction.

to they have done even more, and claimed for for the consideration of these rules now? Mr. JOHNSON. I object.

Admitting that it was a constitutional tribunal, The CHIEF JUSTICE. Objection is made: // they have yet claimed that they will lie over. [After a pause.] Gentle

either statute or common; that it consulted no men of counsel for the President, you will please that it was a law unto itself; in a word,

precedents save those of parliamentary bodies; proceed with the argument in his defense.

that its jurisdiction was without bounds; that Hon. WILLIAM S. GROESBECK, on it may impeach for any cause, and there is behalf of the respondent, addressed the Senate no appeal from its judgment. The Constituas follows:

tion would appear to limit somewhat its jurisMr. CHIEF JUSTICE and SENATORS: Iam sorry || diction, but everything this tribunal may deem

[ocr errors]
« PreviousContinue »