THE APOLOGY OF GOOD INTENTIONS.

I begin with the Apology of Good Intentions. In the light of all that

has occurred, with the volume of history open before us, with the

records of the Senate in our hands, and with the evidence at the bar

not utterly forgotten, it is inconceivable that such an apology can be

put forward. While making it, the apologists should be veiled, so that

the derisive smile on their faces may not be observed by the Senate, to

whose simplicity it is addressed. It is hard to treat this apology; but

it belongs to the case, and therefore I deal with it.

A mere technical violation of law, with no evil consequences, and

without any claim of title, is followed by nominal damages only. If

a person, without permission, steps on a field of grass belonging

to another, he is a trespasser, and the law furnishes a familiar

proceeding against him; but if he has done this accidentally, and

without any real damage, it would be hard to pursue him, unless

assertion of the title were thought important. But if the trespasser

is an old offender, who from the beginning has broken fences, ruined

trees, and trampled down the garden, and now defiantly comes upon the

field of grass, insisting upon absolute ownership, then it is vain to

set up the apology that very little damage is done. The antecedent

transgressions, ending in claim of title, enter into the present

trespass, and make it a question whether the rightful owner or the

trespasser shall hold possession. Here the rightful owner is the people

of the United States, and the trespasser is Andrew Johnson. Therefore

in the name of the people is he impeached.

This simple illustration opens the whole case. Mere technical violation

of statute or of Constitution, without antecedents and without

consequents, would not justify impeachment. All of us can recall such,

even in the administration of Abraham Lincoln; and I cannot doubt,

that, since this proceeding began, the Chief Justice violated the

National Constitution when he undertook to give a casting vote, not

being a member of the Senate. These were accidents, besides being

innocuous. From violation of statute or of Constitution the law

ordinarily infers evil intent, and, where such a case is submitted to

judgment, it throws upon the violator the burden of exculpation. He

must show that his conduct was innocent,--in other words, that it was

without evil intent, or claim of title. In the present cause we have

the denial of evil intent, with a claim of title.

The question of intent raised by the offender cannot be considered

narrowly. This is a trial of impeachment, and not a criminal case

in a county court. It is a proceeding for expulsion from office on

account of political offences, and not a suit at law. When the offender

sets up good intentions, he challenges inquisition, according to the

latitude of such proceeding. The whole past is unrolled by himself, and

he cannot prevent the Senate from seeing it. By a commanding rule of

evidence it is all before us without further proof. You cannot shut it

out; you cannot refuse to look at it. And yet we have been seriously

told that we must shut out from sight everything but the technical

trespass. It only remains, that, imitating the ostrich, we should

thrust our heads into the sand, and, not seeing danger, foolishly

imagine it does not exist. This may do at _Nisi Prius_; it will not do

in the Senate.

To such extent has this ostrich pretension been carried, that we were

solemnly admonished at the bar, and the paradox has found voice in the

Senate, that we must judge the acts of Andrew Johnson “as if committed

by George Washington.” Here is the paradox in length and breadth. I

deny it. I scout it. On the contrary, I say that we must judge all

these acts as if committed by Andrew Johnson, and nobody else. In other

words, we must see things as they are. As well insist that an act of

guilt should be judged as the mistake of innocence. As well argue that

the stab of the assassin should be treated as the cut of the surgeon.

To the Apology of Good Intentions I oppose all that long unbroken

series of transgressions, each with a voice to drown every pretext

of innocence. I would not repeat what I have already said, but, in

presence of this apology, it is my duty to remind the Senate how the

career of this offender is compounded of falsehood and usurpation; how,

beginning with promises to make treason odious, he soon installed it

in authority; how, from declared sympathy with Unionists, white and

black, he changed to be their persecutor; how in him are continued the

worst elements of Slavery, an insensibility to right and a passion

for power; how, in this spirit, he usurped great prerogatives not

belonging to him; how, in the maintenance of this usurpation, he stuck

at nothing; how he violated law; how he abused the pardoning power;

how he prostituted the appointing power; how he wielded the power of

removal to maintain his tyranny; how he sacrificed the Freedmen’s

Bureau, and lifted up the Whiskey Ring; how he patronized massacre and

bloodshed, and gave a license to the Ku-Klux-Klan; how, in madness,

he entered into conflict with Congress, contesting its rightful power

over the reconstruction of the Rebel States, and, when Congress

would not succumb to his usurpation, how he thwarted and vilified

it, expectorating foul-mouthed utterances which are a disgrace to

human nature; how he so far triumphed in his wickedness that in nine

States no Union man is safe and no murderer of a Union man can be

punished; and, lastly,--for time fails, though not the long list of

transgressions,--how he conspired against the patriot Secretary of

War, because he found in that adamantine character an obstacle to

his revolutionary career. And now, in the face of this terrible and

indisputable record, entering into and filling this impeachment, I hear

a voice saying that we must judge the acts in question “as if committed

by George Washington.” The statement of this pretension is enough. I

hand it over to the contempt it deserves.

Charles Sumner: his complete works, volume 16 (of 20) · 第 48 / 80 题