GUILTY ON ALL THE ARTICLES.

After this survey it is easy for me to declare how I shall vote. My

duty is to vote, Guilty on all the Articles. If consistent with the

rules of the Senate, I should vote, “Guilty of all, and infinitely

more.”

Not doubting that Mr. Stanton was protected by the Tenure-of-Office

Act, and that he was believed to be so by the President, it is clear

to me that the charges in the first and second Articles are sustained.

These two go together. I have said already, in the course of this

Opinion, that the appointment of Adjutant-General Thomas as Secretary

of War _ad interim_ was without authority of law, and under the

circumstances a violation of the National Constitution. Accordingly the

third Article is sustained.

Then come what are called the Conspiracy Articles. Here also I am

clear. Plainly there was an agreement between the President and

Adjutant-General Thomas to obtain possession of the War Department,

and prevent Mr. Stanton from continuing in office, and this embraced

control of the mails and property belonging to the Department, all

of which was contrary to the Tenure-of-Office Act. Intimidation and

threats were certainly used by one of the conspirators, and in the case

of conspiracy the acts of one are the acts of all. The evidence that

force was intended is considerable, and all this must be interpreted by

the general character of the offender, his menacing speeches, and the

long series of transgressions preceding the conspiracy. I cannot doubt

that the conspiracy was to obtain possession of the War Department,

peaceably, if possible, forcibly, if necessary. As such it was

violation of law, demanding the judgment of the Senate. This disposes

of the fourth, fifth, sixth, and seventh Articles.

The eighth Article charges that Adjutant-General Thomas was appointed

to obtain the control of moneys appropriated for the military service

and the Department of War. All this would be incident to the control of

the War Department. Controlling the latter, he would be able to wield

the former. The evidence applicable to the one is also applicable to

the other.

The ninth Article opens a different question. This charges a wicked

purpose to corrupt General Emory and draw him from his military

duty. Not much passed between the President and the General; but it

was enough to show the President playing the part of Iago. There

was hypocritical profession of regard for the Constitution, while

betraying it. Here again his past character explains his purpose beyond

reasonable doubt.

Then come the scandalous speeches, proved as set forth in the Articles,

so that even the Senator from West Virginia [Mr. VAN WINKLE] must admit

that evidence and pleading concur. Here is no question of form. To

my mind this is one of the strongest Articles. On this alone, without

anything else, I should deem it my duty to vote for expulsion from

office. A young lieutenant, at the bottom of the ladder, if guilty of

such things, would be cashiered promptly. A President, at the top of

the ladder, with less excuse from the inexperience of early life, and

with greater responsibility from the elevation he had reached, should

be cashiered promptly also; and this is the object of impeachment.

No person capable of such speeches should be allowed to govern this

country. It is absurd to tolerate the idea. Besides being degraded, the

country cannot be safe in such hands. The speeches are a revelation of

himself, not materially different from well-known incidents; but they

serve to exhibit him in his true character. They show him unfit for

official trust. They were the utterances of a drunken man; and yet it

does not appear that he was drunk. Now it is according to precedents of

our history that a person disqualified by drunkenness shall be removed

from office. This was the case of Pickering in 1804. But a sober man,

whose conduct suggests drunkenness, is as bad at least as if he were

drunk. Is he not worse? If without the explanation of drunkenness he

makes such harangues, I cannot doubt that his unfitness for office

becomes more evident, inasmuch as his deplorable condition is natural,

and not abnormal. The drunken man has lucid intervals; but where is the

assurance of a lucid interval for this perpetual offender? Derangement

is with him the normal condition.

It is astonishing to find that these infamous utterances, where

ribaldry vies with blasphemy, have received a coat of varnish from

the Senator from Maine [Mr. FESSENDEN], who pleads that they were not

“official,” nor did they “violate the Constitution, or any provision

of the Statute or Common Law, either in letter or spirit.” In presence

of such apologies for revolting indecencies it is hard to preserve

proper calmness. Were they not uttered? This is enough. The drunkenness

of Andrew Johnson, when he took his oath as Vice-President, was not

“official”; but who will say that it was not an impeachable offence?

And who will say that these expectorations differ in vileness from that

drunkenness? If they did not violate the National Constitution, or any

provision of law, common or statute, as is apologetically alleged, I

cannot doubt that they violated the spirit of all laws. And then we are

further reminded by the apologist of that “freedom of speech” which is

a constitutional right; and thus, in the name of a great right, we are

to license utterances that shock the moral sense, and are a scandal to

human nature. Spirit of John Milton! who pleaded so grandly for this

great liberty, but would not allow it to be confounded with license,

speak now to save this Republic from the shame of surrender to an

insufferable pretension!

The eleventh Article is the most comprehensive. In some respects it is

an _omnium gatherum_. In one mass is the substance of other Articles,

and something else beside. Here is an allegation of a speech by the

President in which he denied that Congress was a Congress, and then,

in pursuance of this denial, attempted to prevent the execution of

the Tenure-of-Office Act, also of an important clause in the Army

Appropriation Act, and also of the Reconstruction Act. Evidence

followed, sustaining completely the compound allegation. The speech

was made as set forth. The attempt to prevent the execution of the

Tenure-of-Office Act who can question? The attempt to corrupt General

Emory is in evidence. The whole history of the country shows how

earnest the President has been to arrest the Reconstruction Act, and

generally the Congressional scheme of Reconstruction. The removal of

Mr. Stanton was to be relieved of an impediment. I accept this Article

in gross and in detail. It has been proved in all its parts.

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